S.161 CrPC statement contradiction must be proved via IO & marked: SC

S.161 CrPC statement contradiction must be proved via IO & marked: SC

On Thursday (February 13), the Supreme Court quashed the conviction under Section 302 IPC of a man on the ground that the trial court meandering at making contradiction to the prosecution witnesses during their cross-examination with their earlier recorded Section 161 Cr. P.C. statements. A bench of Justices Abhay S. Oka and Ujjal Bhuyan observed that the trial court had committed an error in simply reproducing the portions of witness's Section 161 Cr. P.C. statements in brackets not duly established by way of the investigating officer. In order to demonstrate the correct procedure, the Court pointed out that when a witness is being cross-examined on the basis of his Section 161 Cr. In F.I.R/ P.C. statements, the part of statement to be used for contradiction, must first come on the record, with the investigation officer putting it as part of his evidence.

Find Lawyers In Your City

Connect with Best Lawyers at your location