it was held that if the witness alleges to have improved his statement as he did not give the same statement to the police under Section 161 of the CrPC, such so-called improved statement of the witness shall be called as omission and not contradiction.Also a magistrate can not deny the prosecution’s application of examining a witness who has not previously recorded his statement under Section 161 of CrPC, the statement could still be recorded if the magistrate finds that the concerned police officer has not done his duty under section 173.If even the essence of the statement of the witness is not recorded, such fact shall be taken into consideration by the court, as had the victim contradicted with his previous statement such statement of the victim could be questioned. A police officer investigating a case is not bound to record the statement of the witness in writing, but it is desirable that the gist of such a statement is recorded by him.Also in the case of, it was observed by the Court that a delay of a few hours could be accepted provided that it is proved that such delay was caused intentionally so as to provide an opportunity to the accused to make a case of his own. In the case of it was held that if the delay in investigation is not explained, then in such a case, the truthfulness of the evidence should be questioned.The investigating officer should be asked about such a delay. In the case of Balakrishna Swain vState of Orissa(1971), there was an unexplained delay of 10 days and some contradictions were found in the statements.The Supreme Court observed that though the contradictions are not significant, however if seen with the delay in the investigation, the evidence is suspicious.Under Section 161 of the CrPC, police officers conducting the investigation can examine the witness and can record such statements in writing.It has to be noticed, that the investigating authority do not delay in recording such statements.A party who fails to comply with the court's directions may be prevented from giving any evidence affected by such directions.īook traversal links for 2.
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