...oral and documentary evidence produced by the prosecution, without taking into consideration the statement of Manik Das made under Section 164 CrPC, it is not necessary for us to examine whether t...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 ...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...

...to this Court, in such a situation it was not necessary for the Court to summon the witness again under Section 311 CrPC. As the witness has already deposed that she had given the statement before the Magistrate, t...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 no...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 abou...

...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 ...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 comm...

...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 Magist...a real endeavour to ascertain the voluntary character of the confession, impels us to hold that the evidence on the record does not establish that the confessional statement of the appellant recorded under .... 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...

...in Ranibagh on 20.01.2024 for business meeting and hence his mobile location and car is neither in dispute nor contested by the respondent. The statement of Mr. Shiva Suri has also been recorded which corroborates to the fact who st...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 c... under section 164 of CrPC does not inspire my confidence for the reasons noted above. 30. Lastly and more important...

...stated that Section 164 CrPC requires faithful compliance and failure impairs their evidentiary value.54. Section 164 CrPC speaks about recording ...the confession. This inquiry appears to be the most significant and an important part of the duty of the Magistrate recording the confessional statement of an accused under Section 164 ...the evidence on the record does not establish that the confessional statement of the appellant recorded under Section 164 CrPC was voluntary. The cryptic manner of holding the enquiry to ...

...permissible to quash any charge-sheet by the High Court in exercise of its inherent jurisdiction conferred under Section 482 CrPC, however only when the evidentiary materials collected during investigation...facts and cannot be gone into at this stage. He then relied on the statement of the co-students as also the statement of the victim recorded under Section 164 CrPC as also on the...statement of the witnesses recorded under Section 161 CrPC as regards to the incident.iii) It is the Principal, who in order to remove the petitioner from the service, entered into a...

...the case of the prosecution and specifically named the applicant in his statement under Section 164 of the CrPC. The evidence of the victim, corroborated by the ...influence or threaten the victim and his family members. 13. He submitted that the victim in his statement under Section 164 of the CrPC has supported the case ... record. Prima facie, the same shows that the ransom was demanded. The victim, in his statement under Section 164 of the CrPC, had s...

...nature of the confession. This inquiry appears to be the most significant and an important part of the duty of the Magistrate recording the confessional statement of an accused under ...-rule (3)(b) of Rule 15 of the TADA Rules, 1987, the same is not admissible in evidence.16. Even as regards the confession made under Section 164 CrPC, this Court ...against the offences charged against the appellants under the TADA Act. Therefore, we allow that application and the appellants shall stand acquitted under Section 321(b) CrPC of all the charges...

...be the most significant and important part of the duty of the Magistrate recording the confessional statement of an accused under Section 164 CrPC. The failure of the Ma...produced before the Magistrate on 02.02.2000. The police requested the Magistrate (PW-18) to record the statement of the accused (Ext-27) under Section 164 CrPC, which was recorded on 03.02.2000, ...recorded under Section 164 CrPC apart from the fact that it is not safe to rely upon Ext-27's statement as the learned Magistrate did not faithfully comply with the requirements of law while recor...

...evidentiary value of the statement recorded by the Magistrate Under Section 164 of CrPC. Some part thereof has been established and the Apex Court has held that the High...of the statement recorded Under Section 313 of CrPC. But the ld. JMFC who had recorded the statements of three witnesses Under Section 164 of ...proof as to the genuineness of the statement recorded Under Section 164 of CrPC by the ld. JMFC. Prior to the closing of evidence of the prosecution, the defence side ha...

...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 which he could asce...ascertain the voluntary character of the confession, impels us to hold that the evidence on the record does not establish that the confessional statement of the appellant recorded under Section ...:“6. From the plain language of Section 164 CrPC and the rules and guidelines framed by the High Court regarding the recording of confessional statements of an accused ...

...to be the 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 record does not establish that the confessional statement of the appellant recorded under Section 164 CrPC was voluntary. The cryptic manner of holding the enquiry to ascertain the vo...statements of an accused under Section 164 CrPC, it is manifest that the said provisions emphasis an inquiry by the Magistrate to ascertain the voluntary nature of the confession. This inquiry app...

...to be the 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 record does not establish that the confessional statement of the appellant recorded under Section 164 CrPC was voluntary. The cryptic manner of holding the enquiry to ascertain the vo...statements of an accused under Section 164 CrPC, it is manifest that the said provisions emphasis an inquiry by the Magistrate to ascertain the voluntary nature of the confession. This inquiry app...

...to be the 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 record does not establish that the confessional statement of the appellant recorded under Section 164 CrPC was voluntary. The cryptic manner of holding the enquiry to ascertain the vo...statements of an accused under Section 164 CrPC, it is manifest that the said provisions emphasis an inquiry by the Magistrate to ascertain the voluntary nature of the confession. This inquiry app...

...evidence brought on record to prove the charges against any of the appellants; that proper procedure was not followed while recording the confessional statement of the accused persons; that the accused is not bound by its p...circumstances under which the statement of this accused was recorded. As such, we are of the opinion that the statement of Anup Kumar Boro recorded under section ...confessional statement. From an analysis of his statement we find that his statement recorded under section 164 CrPC is exculpatory in nature. He had not confessed about his invo...

...evidence brought on record to prove the charges against any of the appellants; that proper procedure was not followed while recording the confessional statement of the accused persons; that the accused is not bound by its p...circumstances under which the statement of this accused was recorded. As such, we are of the opinion that the statement of Anup Kumar Boro recorded under section ...confessional statement. From an analysis of his statement we find that his statement recorded under section 164 CrPC is exculpatory in nature. He had not confessed about his invo...

...recording the confessional statement of an accused under section 164 CrPC. The failure of the Magistrate to put such question from which ascertain the voluntary nature of the con...insist for production of the accused on 3rd itself so > to. ascertain from them whether they really intended to make a confessional statement under section 164 CrPC. Recording of confe...' statement within the meaning of the provisions of section 164 crpc and the rules framed by the High Court for guidance of the subordinate Courts. Moreover, the Magistrate must not only ...

...school register is not conclusive but it has evidentiary value. Such evidentiary value of a school register is corroborated by oral evidence as the same was recorded on the basis of the ...investigation commenced and during the course of such investigation, Pampi Devi was recovered from the custody of the appellant and statement of Smti. Pampi Devi was recorded under Section ...that she had made her statement under Section 164 Crpc as tutored by the police. (10) The PW-6 had deposed about recovery of Pampi Devi from the house of the accused app...

...(2011) 1 C Cr LR (SC) 54 for the proposition that the statement recorded under Section 164 CrPC is not to be taken as substantive evidence and can be utilized only for corroboration or...corroborated the statements made by P.W 14 under Section 164 CrPC and although P.W 14 has been declared hostile the evidence of all other witnesses be accepted. The blood stained Lungi (Exhibit-A) has...cross-examination to contradict the same.In fact the only eye witness was P.W 14 and in her statement under Section 164 CrPC she stated before the Magistrate that when she went to the...