AI Overview...
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Marking Words in 161 to Contradict Witness - It is necessary to call the witness's attention to specific parts of their statement (including documents or writings) intended for contradiction. The court must ensure that the witness is aware of the particular portions used to challenge their testimony, especially when contradiction involves written statements. Simply relying on a document without highlighting relevant parts does not constitute proper contradiction. The statement in Section 162 refers to the entire facts stated by the witness, and contradictions should be based on specific, identified portions. MUNINAJAPPA VS STATE OF MYSORE - Karnataka, Muninanjappa VS State of Mysore - Madras, A. H. Abdulla VS State of Kerala - Kerala
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Procedure for Contradicting Witness - Under Section 145 of the Evidence Act, contradiction is permissible only if the witness denies making the previous statement. If the witness admits the statement, then contradiction through questioning is limited, and other procedures like recall or cross-examination are employed. Proper procedure includes calling the witness's attention to the specific statement or document to be used for contradiction, and the court must ensure this is done correctly to prevent misuse. State of Assam VS Kalai Mia - Gauhati, ALAUDDIN vs THE STATE OF ASSAM - Supreme Court, XXXX Vs STATE OF KERALA - Kerala
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Use of Statements Recorded Under Sections 161 and 162 CrPC - Statements recorded under these sections can be used to contradict witnesses, provided the court follows proper procedures, such as calling the witness's attention to the specific parts of the statement or document. When contradictions involve writings, the contradiction must be pointed out explicitly, and the witness must be given an opportunity to respond. The use of case diaries and police statements must adhere to legal protocols to avoid improper contradictions. AVINASH KUMAR VS STATE - Allahabad
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Summary and Conclusion - It is necessary to mark or highlight specific words or parts of the witness's statement or related documents when attempting to contradict them. Proper procedure involves calling the witness's attention to the exact portions intended for contradiction to ensure fairness and adherence to legal standards. Merely presenting a document without clear identification of the contradictory parts is insufficient. This process helps maintain the integrity of cross-examination and ensures that contradictions are valid and legally permissible. MUNINAJAPPA VS STATE OF MYSORE - Karnataka, State of Assam VS Kalai Mia - Gauhati, Muninanjappa VS State of Mysore - Madras, A. H. Abdulla VS State of Kerala - Kerala, AVINASH KUMAR VS STATE - Allahabad
Search Results for "Is it Necessary to Mark the Words in 161 to Contradict the Witness"
1958 0 Supreme(Kar) 3 • India - Karnataka
K.S.HEGDE
During the preliminary enquiry, there was a dispute regarding the admissibility of certain statements made by the witness to the ... court also clarified the meaning of 'statement' in Section 162, stating that it refers to the entirety of the facts stated by the witness ... does not amount to a contradiction and clarified that 'statement' in Section 162 refers to the entirety of the facts stated by the witness ... If it is intended to contradict the witness by the writing, his attention must be called t....
1998 0 Supreme(Gau) 199 • India - Gauhati
V.DUTTA GYANI, D.N.CHOWDHURY
Bose J., describes the procedure to be followed to contradict a witness under section 145 of the Evidence Act thus at page 819 (of SCR) : (at page 217 of AIR) : ... “Resort to section 145 would only be necessary if the witness denies that he made the former statement. ... In such a case the question could not be put at all; only questions to contradict can be put and that question here posed does not contradict; it leads to an answer which is contradict by the police ....
• India - Crimes
ASHIM KUMAR ROY, MALAY MARUT BANERJEE
Since the Ext.-5 was exhibited under section 294 CrPC, no formal proof is necessary. ... In his cross-examination the witness, however, disclosed question of sustaining injury in the private parts of victim depends on ... conviction—Statement of victim girl recorded under Section Cr.P.C. was not a substantive evidence and could be used only for purpose to contradict
2023 Supreme(Online)(KER) 26520 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
, Section 145; Criminal Procedure Code, Section 311 - The court emphasized the necessity for proper cross-examination regarding witness ... Finding of the Court: The court found that the petitioner had valid grounds to recall the witness to address omissions ... Final Decision: The petition is allowed; the magistrate's order is set aside and the application for recalling the witness ... The proviso permits use of the statement, if duly proved, by the accused, and with the permission of the court by the prosecution, to contrad....
2021 Supreme(Online)(KER) 44078 • India - High Court of Kerala
M.R.ANITHA, J
While recording the deposition of a witness, it becomes the duty of the trial court to ensure that the part of the police statement with which it is intended to contradict the witness is brought to the notice of the witness in his cross-examination. ... From the above settled position there is no doubt that the court can recall a witness if it is found that the evidence sought to be let in is necessary for a just decision of the case or that it is necessary for findin....
1999 0 Supreme(Mad) 1578 • India - Madras
K.S.HEGDE
If it is intended to contradict the witness by the writing, his attention must be called to those parts of the writing which are to be used to contradict him, It would be, in my opinion, sheer misuse of words to say that you are contradicting a witness by the writing, when what you really want to do ... “Statement” in section 162, Criminal Procedure Code, refers to what the witness had stated and not to what he had omitted to state. Before one could contradict a #HL_S....
2024 Supreme(Online)(SC) 6426 • India - Supreme Court of India
witnesses - Trial Court failed to follow proper procedure in recording contradictions - Material contradictions and omissions in witness ... Bose, J. describes the procedure to be followed to contradict a witness under Section 145 of the Evidence Act thus at p. 819: Resort to Section 145 would only be necessary if the witness denies that he made the former statement. ... But that position does not arise when the witness admits the former statement. In such a case all that is ....
2024 4 Supreme 257 • India - Supreme Court
ABHAY S. OKA, UJJAL BHUYAN
credit of witness – When two statements cannot stand together, they become contradictory statements – When a witness makes a statement ... stated in his statement recorded by Police, there is a contradiction – Every contradiction or omission is not a ground to discredit witness ... Conviction and sentence – Evidence of Investigating Officer is contradictory – Wife of deceased is neither an eyewitness nor a witness ... Bose, J. describes the procedure to be followed to contradict a witness#HL_E....
1980 0 Supreme(Ker) 335 • India - Kerala
U.L.BHAT
(3) of the Code, and the contradictions in the witness statements. ... witness statements, and the trial court's reliance on alleged contradictory statements in the case diary. ... The trial court acquitted the second respondent based on contradictions in witness statements and alleged contradictory statements ... contradict the officer), to draw the attention of the investigator if the case diary does not bear out his statement and thereby contradict him. ... ... A reading of the S.145 of Evidence Act....
1962 0 Supreme(All) 197 • India - Allahabad
D.S.MATHUR
suo motu or on the request of the accused summon the case diary for perusal and issue copies of statements recorded therein if necessary ... CRIMINAL PROCEDURE CODE - SECTION 161, 162, 172, 173, 251-A, 252 - STATEMENTS RECORDED UNDER SECTION 161, CR. P. ... C. applies only to the use of statements recorded under Section 161, Cr. P. ... C. to contradict a witness called for the prosecution in such inquiry or trial the witness can be so contradicted in the manner provid....
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