A Significant omission in the witness statement recorded under Section 161 of the Cr.P.C amounted to a contradiction and resulted in acquittal of accused in this Supreme Court case under IPC 498A.
Explanation to Section 162 of the Cr.P.C.
Explanation. – An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.”
Here is the Clincher…
A bare reading of this Explanation would reveal that if a significant omission is made in the statement of a witness recorded under Section 161 of the Cr.P.C., the same may amount to a contradiction and that whether it so amounts is a question of fact in each case.
Subhash Vs State Of Haryana on 16 December, 2010
Shades of Knife
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