this important aspect of the matter, and wrongly relied upon the unsigned statement of the aforesaid witness. He further contended that once the unsigned statement ... rules. Such a presumption is rebuttable. In this case, the unsigned statements and the order dated 25.4.1997 referred to above, are sufficient to rebut
learned counsel for the victim submits, that in an
unsigned statement made under Section 161 of the Cr.P.C., by the victim ... assigned to the signed statement(s), than to the subsequent unsigned
statement. Furthermore, the delay in the makings of the subsequent
unsigned statement(s), also
Suraj Ahluwalia Son Of Ashok Ahluwalia vs State Of Punjab on 19 October, 2012
Author
meritless. This Court does find it extremely strange that in
her statement recorded under Section 161 Cr.P.C. over the phone from
Canada, respondent ... telephone may not be faulted with, as it is
an unsigned statement, however, non-mentioning of the date on which
such statement was recorded, does
time of arguments learned Counsel for the
appellants referred to statement of respondent No.2-owner of the
canter made during investigation to the Investigating ... Criminal Court. Alleged
admission of respondent No.2 in his unsigned statement made to the
Investigating Officer during investigation of the criminal case under
Section
pedigree
table Ex.D-14, which is admittedly unsigned. The argument that this
unsigned pedigree table should be excluded from consideration as its
author ... clear that while
considering the relevance of a fact, oral or unsigned statements cannot be
summarily discarded and may, in a given situation, be considered
sworn by him, whereupon the said affidavit, but was not an unsigned
statement recorded under Section 161 Cr.P.C., before the police officer
concerned
explained as to why their statements were recorded wrongly by the
Investigating Officer. The Court observed that in their earlier
statements the witnesses have got recorded ... Section 162 Cr.P.C., prohibits the use of said unsigned
statement for any purpose during the course of any enquiry or trial
pertaining
Jagtar Singh are not the truthful
witnesses, as they have given contradictory statements before the police and
in the Court. It is argued that other ... view of their
categorical deposition in the Court on oath, the unsigned statements
recorded by the Investigating Officer cannot be relied upon. Thus, it stands
extra judicial confession
disclosed, to a person who subsequently makes an unsigned statement under
Section 161 of Cr.P.C., before the police officer concerned ... recipient of the extra
judicial confession hence making an unsigned statement under
Section 161 of the Cr.P.C., to the investigating officer concerned
