that the Director of Vigilance and
Anti-Corruption had obtained signed statements which were
confessional and self-incriminatory from persons who were
going ... giving
them assurances of immunity and thereafter relying on their
subsequent unsigned statements those under S. 161(3) of the
Code for the purpose
under Section 161 Cr.P.C., which is an unsigned statement, cannot have any
authenticity or evidentiary value. Because the said witness has not given
notes
of their statements and cross-examine them. The Enquiry
Officer is empowered, however, to bring on record the
earlier statement of any witness whose ... officer and he shall be given an
opportunity to take notes. Unsigned statements shall be
brought on record only through recording the statements
statement before the investigating officer of
the CBI. The court observed that the Investigating Officer of the CBI, after
recording the petitioner's statement ... November, 2013 and
gave a signed letter and unsigned statement stating that this was in
compliance of the order dated 16th September, 2013. Copies
submitted that the signed statements for which assurances had been given to the witnesses are statements taken after investigation commenced ... fraud on the procedure to rely on subsequent unsigned statements as statements under S. 161(3) Cr.P.C. for the purpose
complaint. Learned counsel also submitted that in the 161 Cr.P.C . statement of Ilavarasi, she has categorically stated that she has not given ... cannot be countenanced. The 161 Cr.P.C . statement is an unsigned statement written by the police at the earliest point of time
lawyer for over half a century. Section 162 is about an unsigned statement in the process of investigation. We always find the witness turning hostile
registered,
nor it was statement recorded u/s 164 Cr.PC and if it was a statement
SC No.54/10 Page ... particularly in view of the fact that a separate statement, unsigned,
u/s 161 Cr.PC of PW6 is on the judicial record and admittedly
oath and any contradiction with these statements
does not come within the ambit of perjury. Statement ... evidence and Section 162 Cr.PC prohibits the use of said unsigned statement
for any purpose during the inquiry or trial except for the purpose
Authority has not been empowered to review its own decision.
(d) The statement of Shri Neeraj Singh, minor son of Shri D. M.
Singh recorded ... does not bear the signature of Shri
Neeraj Singh. Legally an unsigned statement recorded by the
5
Police cannot be considered as a piece
