...evidentiary value of the statement under Section 161 and 164 CrPC is concerned, both have almost equal value and if the same are not supported during the trial, the witn...recording the evidence of victim PW-3, an application under Section 311 CrPC was moved that the statement of the victim recorded under Section 164 CrPC could not be proved. Hence, the concerned witness...be summoned for re-examination to prove the statement under Section 164 CrPC. It has also been averred that during the course of deposition she was so affraid that she had forgotten to depose about...

...deceased.17. Mr. Chatterjee submits that since Manowara Bibi, the so-called wife of the deceased was not examined during trial, there is no evidentiary value of her statement recorded ...statement of accused Bandana Dutta under Section 164 CRPC and also conducted T.I parade in respect of appellant and other two accused persons and also the learned Magistrate who recorded the statement of o...both the rooms.24. The learned P.P contends that Bandana Dutta in her statement given under Section 164 of the CRPC disclosed the involvement of the appellant in that commission of the...

...) and Vijaya Singh (supra) are with regard to the evidentiary value of the statement made under Section 164 CrPC. In the present case, I have...counsel further relied upon the statement of Jojo and Sweety (alleged bodyguards of the petitioner) recorded under Section 164 of Cr.P.C. wherein they have categorically stated that the consignment was...which corroborates to the fact who states that the petitioner came for a business meeting with Mr. Shiva Suri. 29. The judgments of Zahoor Ahmad Shah Watali (supra...

...statement of Manik Das under Section 164 CrPC is admissible in evidence and what its evidentiary value is. The question of law is whether the statement recorded...crime.(v) The driver of the Maruti van, Manik Das was never produced before the court for cross-examination and, therefore, statement under Section 164 CrPC...had recorded the statement of Manik Das under Section 164 CrPC as well as held the identification parade on 28-11-2003. Other accused were neither subjected to identification parade nor could the...

.... The confessional statement of the appellant, recorded under Section 164 CrPC by PW 17 on 22-7-1986, was the only piece of evidence on which the trial court relied upon and convicted the appellant...most significant and an important part of the duty of the Magistrate recording the confessional statement of an accused under Section 164 CrPC. The failure of the Magistrate to put such questions from...account of any extraneous influence on him. That indeed is the essence of a ‘voluntary’ statement within the meaning of the provisions of Section 164 CrPC and the rules framed by the High Court for the...

...stated that Section 164 CrPC requires faithful compliance and failure impairs their evidentiary value.54. Section 164 CrPC speaks about recording of c...investigating agency and remanded to police custody for 7 days i.e from 20-5-1999. It is their claim that on 18-5-1999, Accused 9 made a statement under Section 164 CrPC and thereafter was remanded back to...statement under Section 164 CrPC. PW 55, IO has stated that the statement of the accused was recorded under Section 164 CrPC that he was under police custody and he was remanded ...

...complainant got her statement recorded under Section 164 CrPC. In the statement the age of the complainant was recorded as 47 years. In the statement the complainant repeated her allegations....12. After statement under Section 164 CrPC was recorded, the IO carried out detailed investigation by recording statements of brother of the complainant's husband and his wife. Along...below in summoning the accused, there was statement under Section 164 CrPC of the complainant where she reiterated her case of rape by Accused 1 and 3. It is submitted that at this stage the Court was...

...did not inspire confidence. It was pointed out that the evidence of PWs 4 and 7 was recorded under Section 164 of the Code of Criminal Procedure, 1973 (for short “CrPC”) and that was a highly suspicious...the ground that their statements were recorded under Section 164 CrPC. In a catena of decisions this Court has held that evidence of witnesses cannot be discarded merely because their statements were...recorded under Section 164 of the Code (see Balak Ram v. State Of U.P...

...principles laid down in those cases about the nature of the confessional statement and the safeguards contained in Section 164 CrPC are unexceptionable, for the purpose of Section 437(1)(i) of the Code what.... There is nothing on the record to suggest that he made the confessional statement under Section 164 CrPC before the Metropolitan Magistrate under any threat or coercion. Whether the safeguards envisaged...in Section 164 CrPC were observed or not is a matter of evidence which is still to come.”27. From the above it is also noticed that apart from discussing...

...retracted his confession on 24-11-2004 when his statement was again recorded under Section 164 CrPC. The prosecution also relies upon confession of Ravi Subramaniam (A-2) which was recorded on 30-12...) recorded under Section 164 CrPC on 19-11-2004, wherein he stated that he went to Kanchi Mutt on 1-9-2004 and in the presence of Ravi Subramaniam and Sundaresan, the petitioner said that Sankararaman...Section 164 CrPC on 28-12-2004. This witness has merely stated that he knew deceased Sankararaman and used to talk to him and further that at 1.30 p.m on 3-9-2004 Sankararaman contacted him over the...

.... Denial of such opportunity is against the requisites of a fair trial.25. Clause (iv) of Section 207 CrPC clearly provides that any statement recorded under Section 164 CrPC...the same in detail and the court below has also referred to the same in its judgment. It is well settled that the statement under Section 164 CrPC can be used both for corroboration and contradiction of...the author of the statement and thus, did not find this ground worth acceptance. Even otherwise, it appears that statement recorded under Section 164 CrPC by the Magistrate was not in detail. No...

...dying declaration but may be treated as a statement under Section 164 CrPC.”41. Therefore, with the said statement inadmissible as a dying declaration, the...), (1964) 4 SCR 485 a statement that does not prescribe to the procedure laid down in Section 164 CrPC is not admissible as a confessional...angle and under any circumstance, the said statement cannot be regarded as a confession as envisaged under Section 164 CrPC to implicate the appellant.47. Therefore, the only...

...statement was recorded under Section 164. In the statement under Section 164, the second respondent stated that during the course of training at a Teachers' Training College, she came in contact w..., resident of Sarai Bharti Rasada, Ballia Date 18.01.2018.”5. The statement of the second respondent was recorded under Section 161 of CrPC during investigation. Her...173 of CrPC and the order taking cognizance dated 24 May 2018.4. Case Crime No 11 of 2018 was registered on 18 January 2018 at Police Station Rasra, District Ballia on the...

...statements of witnesses recorded by the investigating officers under Section 161 CrPC as well as statements under Section 164 CrPC recorded by the Magistrate to the authority competent to grant sanction for...including the statements of witnesses recorded by the investigating officer under Section 161 CrPC and statements recorded before Magistrates under Section 164 CrPC with regard to the said allegations...recorded by the Magistrate under Section 164 CrPC. The learned Special Judge dealt with the issue in its order and brushed aside the same observing that the same may be factually incorrect, and there was a...

...in statement made by him in the cross-examination. If Pooran was in police custody, in accordance with the requirement of Section 164 CrPC the Magistrate should have taken care to ascertain that there...alleged judicial confession (Ext. P-1) of the acquitted co-accused Pooran Singh recorded under Section 164 of the Criminal Procedure Code (for short “CrPC”) by Shri D.K Palliwal (PW 1), Judicial...also held by this Court in the case of Shivappa v. State Of Karnataka . (1995) 2 SCC 76 that the provisions of Section 164 CrPC must be...

...Section 164 CrPC wherein it has been alleged that Mukhtar, husband of the deceased has killed his wife.4. On 30-9-2008 Charge-sheet No. 111 of 2008 in respect of FIR No. 37 of...incident and have in their deposition under Section 164 CrPC, before the Judicial Magistrate deposed that the informant husband might have killed his wife. The High Court has rightly taken a very...registered against him for the offences punishable under Sections 25 and 26 of the Arms Act, 1959. Further, there are statements of various witnesses made under Section 164 CrPC, before a Judicial...

...the Criminal Procedure Code (“CrPC” hereinafter). According to the learned counsel, non-compliance with Section 164 by the recording Magistrate cannot be cured by Section 463 CrPC as it cures only...by Mr Tulsi that insofar as judicial confession recorded by PW 62 is concerned, it was recorded according to the procedure set out in Section 164 CrPC and that the alleged breach of Section 164(2) i.e...violation of Section 164 CrPC, the court can admit such an evidence as the violation of that section is cured by Section 463 CrPC if it had not injured the accused in his defence on the merits...

...and despair while in police custody, the Evidence Act has excluded the admissibility of a confession made to the police officer.30. Section 164 CrPC is a...1978 SC 1544 this Court opined:“It is also true that before a confessional statement made under Section 164 of the Code of Criminal Procedure can be acted upon, it...prosecution is the retracted confession of the appellant recorded under Section 164 CrPC. The confession has been extracted supra in verbatim. Before acting on a confession made before a Judicial Magistrate in...

...prosecutrix was medically examined. The appellant was arrested on 1-11-1998. The statement of the prosecutrix was recorded under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter.... Prosecution examined 11 witnesses in support of its case. The appellant, in addition to his own statement under Section 313 CrPC also examined 2 witnesses in defence.4. On conclusion...contradictions in her deposition. She had been confronted on large number of issues/facts with her statement under Section 161 CrPC. The embellishments/improvements had been of such a large magnitude...

...so as to quash the proceedings under Section 482, CrPC. The value to be attached to the statement made by the appellant under Section 164, CrPC was to be examined at the enquiry at the pre-charge...has been done to her cause and that she was under pressure in the past when she was made by the police to make a statement before a Magistrate under Section 164 CrPC and was under pressure even now...them was false, that the prosecutrix had made a statement before a Magistrate under Section 164 of the Code of Criminal Procedure during investigation in which she had named those two absconders, Karan...