Section 161 and section 164 of the Indian Penal Code relating to offences by or relating to Public servants and specifically of 'Public servant taking gratification other than legal remuneration in respect of an official act'- section 161 and 'Punishment for abetment by public servant of offences defined in sections 162 and 163 as in section 164 have been repealed by the Protection of Corruption Act,1988. Section 10, which is an exception to the general rule, while permitting the statement made by one conspirator to be admissible as against another conspirator restricts it to the statement made during the period when the agency subsisted. State of Bihar, it was held that informant's prayer for recording the statement must be allowed even in a case where the investigation is going on. Evidence given in a court under oath has great sanctity, which is why the same is called substantive evidence. .
A to E of which covered in general rule, special rules for food, etc. We see from the record that Suman Kumari was not produced as a witness as she had since been married in Nepal and her husband had refused to let her return to India for the evidence. In case of direct evidence the failure to prove motive of the crime is not fatal to the prosecution. The witnesses could not be deemed to carry so much of wisdom to enable them to know what are the essential facts they need to state before the learned magistrate. Upholding such a procedure would amount to negation of the valuable right of appeal of an accused, which cannot be permitted under law. Facts and circumstances giving rise to this appeal are: A.
Under the pressure of her family, she might have changed and might have made statement under pressure in favour of her family members. Simple imprisonment for 1 year or fine, or both. I signed the same at point A. When the meeting took place in the presence of various relatives, the appellant A-1 , attempted to assault Praveen, but they were separated by other persons. The pillion rider of the motor cycle sat in the van and after he got into the van, the van left immediately. Blood and the earth were also lifted from the spot by the police, which were also sealed.
Add these legal terms to your vocabulary, know your rights, and use them in your time of need. But before the burden is shifted to the accused, the prosecution has to establish strong prima facie case. Holding a test identification parade may be helpful to the investigation to ascertain whether the investigation is being conducted in a proper manner and with proper direction. Other persons also joined him, and Vinu A-2 , along with Praveen, left on a Motor Cycle. A statement under Section 164 of the Code has to be recorded either during an investigation or anytime afterward but before the commencement of the inquiry or trial.
Facts so established must be consistent with the hypothesis of the guilt of the accused, and the chain of evidence must be complete, so as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused, and must further show, that in all probability the said offence must have been committed by the accused. He further submitted the statement of other accused persons before the villagers is also inadmissible against the appellant. A prudent man is a wise man but may not be a genius. It has been argued by the learned counsel for the appellant, that as the blood group of the blood stains found on the chopper could not be ascertained, the recovery of the said chopper cannot be relied upon. Simple imprisonment for 1 year or fine, or both. Aggrieved, both of them preferred Criminal Appeal No. Dudeja, that just because a prosecution witness is cross-examined by the prosecutor with the leave of the Court his entire evidence for that reason alone does not get washed off the record.
As per the opinion of the autopsy surgeon the death of the deceased had occurred around midnight on 23rd January, 1986. After examining the evidence by the prosecution, which was only circumstantial in nature, the learned trial Court in its judgment while convicting all the accused persons noticed certain lapses committed not only by the investigating agency but also the grave illegality, as noticed already, committed by the Metropolitan Magistrate Shri H. Creating an account gives you access to specific pricing if applicable , saved quotes, order history, invoice payment, in addition to other account-based information. Statements under Section 161 Cr. Jashomati Brajobashi was found not guilty of the offence under section 201 of the Indian penal Code and the other accused persons, namely, Narakanta Barman, Monoranjan Burman, Tinku Sudip Sarkar, Paltu Prasanta Kr.
Once it is shown that a person became snapped out of the conspiracy, any statement made subsequent thereto cannot be used as against the other conspirators under Section 10. The general rule of the Code of Criminal Procedure provided for two procedures whereby the statement of the rape victim could be recorded. Clause iv of Section 207 Cr. Notwithstanding the preceding sentence, any not described in the first sentence of this subsection which isby thein connection with anorofshall be treated as part of the cost of the acquiredor, in the case of a as a reduction in the amount realized on the Any referred to in subparagraph A imposed with respect to a transfer occurring during the of the distributee or, in the case of a taxable termination, the which is paid not later than the time prescribed by law including extensions for filing thewith respect to such transfer shall be treated as having been paid on the last day of the in which the transfer was made. So, there was nothing unusual for the deceased having not come back home on the fateful night. Otherwise Corroboration of the earlier statement recorded by the police would mean putting the words of the police in to the mouth of the witness. The fact remains that atleast his evidence as regards the act of accused nos.
The witness also claimed to have heard accused Bishan Singh telling the deceased at that time that he the deceased was stealing their illicit liquor kept concealed under the sand and so they had brought him from his house to settle the score with him that day. This condition will be satisfied even when there is some prima facie evidence to show that there was such a criminal conspiracy. The death took place about 24 to 48 hours back from the time of P. Both of them have deposed as regards the manner in which the situation was handled by the relatives of the appellant and Praveen. Definition Section 420 of The Indian Penal Court talks about the offence which is committed by the person who cheats another person and thereby induces the deceived to deliver any property. Second circumstance was that the accused had taken the deceased with them from his house in the evening of 23rd January, 1986. While returning, he stated that he had seen the Omni Van some 200 metres east of the temple, and on the southern side of the road at about 12.