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Deepak Mahto @ Deepak Kumar Vs State of Bihar on 12 Apr 2021

Posted on April 17, 2021 by ShadesOfKnife

Patna High Court held that ‘statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only‘.

From Paras 8 and 9,

8. The aforesaid statement of the prosecutrix does not disclose as to what offence was committed against her.
Evidence given in a Court on oath coupled with opportunity of cross-examination to the accused has great sanctity and that is why the same is called substantive evidence. It is well settled by a catena of judicial pronouncements that statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only.

9. In R. Shaji v. State of Kerala reported in (2013) 14 SCC 266, the Hon’ble Supreme Court said that a proposition to the effect that if statement of a witness is recorded under Section 164 Cr.P.C., his evidence in Court should be discarded, is not at all warranted. As the defence had no opportunity to cross-examine the witness whose statement was recorded under Section 164 Cr.P.C. or under Section 161 Cr.P.C., such statements cannot be treated as substantive evidence.

Deepak Mahto @ Deepak Kumar Vs State of Bihar on 12 Apr 2021

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Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 154 - Information in Cognizable Cases CrPC 161 - Examination of Witnesses By Police CrPC 164 - Recording of Confessions and Statements Deepak Mahto @ Deepak Kumar Vs State of Bihar False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Legal Procedure Explained - Interpretation of Statutes Statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only but NOT as Substantive Evidence | Leave a comment

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