AI Overview...
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Statement of 164 CrPC - Multiple References and Role in Judicial Decisions
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The statement recorded under Section 164 of the Criminal Procedure Code (CrPC) frequently appears as a crucial piece of evidence across various cases, influencing bail decisions, assessments of credibility, and the overall case trajectory SOPARI SAH Vs The State - Patna, PURUSHOTAM KUMAR Vs The State - Patna, RAJESH @ RAJU S/O BHAGIRATH Vs STATE OF RAJASTHAN - Rajasthan, Avtar vs The State Of Madhya Pradesh - Madhya Pradesh, BIJAY SINGH @ VIJAY SINGH @ VIJAY KUMAR Vs The State - Patna, SADDAM AND ANOTHER Vs State - Allahabad, SUKHRAM MUNDA ALIAS TUPUN Vs THE STATE OF JHARKHAND - Jharkhand, AABID Vs State - Allahabad, MD QUARBAN Vs The State - Patna, RAZZAQ S/O BALKISHAN Vs STATE OF RAJASTHAN - Rajasthan.
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Main Points and Insights:
- The statement under Section 164 CrPC is often used to assess the veracity of the victim's account, particularly regarding age, consent, and circumstances of the incident SOPARI SAH Vs The State - Patna, BIJAY SINGH @ VIJAY SINGH @ VIJAY KUMAR Vs The State - Patna, SADDAM AND ANOTHER Vs State - Allahabad.
- Courts consider whether the statement is tutored or made freely; for example, some courts found that statements recorded before tutoring or coaching are more reliable SADDAM AND ANOTHER Vs State - Allahabad, while others questioned the credibility if the statement appeared to be influenced or inconsistent with other evidence RAJESH @ RAJU S/O BHAGIRATH Vs STATE OF RAJASTHAN - Rajasthan.
- The statement's content, such as whether the victim supports or contradicts the prosecution's case, significantly impacts bail considerations and the likelihood of conviction PURUSHOTAM KUMAR Vs The State - Patna, SUKHRAM MUNDA ALIAS TUPUN Vs THE STATE OF JHARKHAND - Jharkhand, AABID Vs State - Allahabad.
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Courts have also used the victim's statement to determine the victim's age, relationship with the accused, and whether the allegations are probable, which in turn affects the case's merits SOPARI SAH Vs The State - Patna, MD QUARBAN Vs The State - Patna.
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Analysis and Conclusion:
- The statement under Section 164 CrPC is a pivotal element in criminal proceedings, especially in sensitive cases like sexual offenses and kidnapping, serving as an initial formal record of the victim's account.
- Its reliability depends on factors such as timing, whether it was tutored, and consistency with other evidence, which courts scrutinize carefully.
- While it can bolster the prosecution's case, courts also remain cautious about potential coaching or undue influence, affecting judicial discretion in bail and conviction decisions RAZZAQ S/O BALKISHAN Vs STATE OF RAJASTHAN - Rajasthan.
References: - SOPARI SAH Vs The State - Patna - PURUSHOTAM KUMAR Vs The State - Patna - RAJESH @ RAJU S/O BHAGIRATH Vs STATE OF RAJASTHAN - Rajasthan - Avtar vs The State Of Madhya Pradesh - Madhya Pradesh - BIJAY SINGH @ VIJAY SINGH @ VIJAY KUMAR Vs The State - Patna - SADDAM AND ANOTHER Vs State - Allahabad - SUKHRAM MUNDA ALIAS TUPUN Vs THE STATE OF JHARKHAND - Jharkhand - AABID Vs State - Allahabad - MD QUARBAN Vs The State - Patna - RAZZAQ S/O BALKISHAN Vs STATE OF RAJASTHAN - Rajasthan
Search Results for "Statement of 164 Crpc more than once"
• India - Patna High Court
Mr. Justice Satyavrat Verma
The court directed the lower court to confirm the veracity of the victim's statement under section 164 CrPC. ... The victim, who was between 16 and 18 years old at the time of the incident, later gave a statement under section 164 CrPC stating ... The court also considered the victim's statement under section 164 CrPC, in which she stated that she had married the petitioner. ... Learned APP opposes the prayer for bail and fairly....
2023 Supreme(Online)(Pat) 9397 • India - Patna High Court
Mr. Justice Partha Sarthy
POCSO ACT - BAIL - ENTITLEMENT - STATEMENT OF VICTIM UNDER SECTION 164 CRPC - COURT'S DISCRETION Fact of the Case: ... The girl later returned and gave a statement under Section 164 CrPC, in which she did not support the prosecution's case. ... Issues: Whether the petitioner was entitled to bail considering the victim's statement under Section 164 CrPC and the length ... The daughter of the informant returned and her s....
• India - High Court Of Rajasthan
ASHOK KUMAR GAUR
BAIL - SECTION 376 IPC - STATEMENT UNDER SECTION 164 CRPC - CONSENT - PROBABILITY Fact of the Case: The petitioner ... Issues: Whether the statement recorded under Section 164 CrPC showed that the story of rape was highly improbable? ... The petitioner filed a bail application, arguing that the statement recorded under Section 164 CrPC clearly showed that the story ... Learned counsel for the petitioner submitted that bare peru....
2024 Supreme(Online)(MP) 32438 • India - High Court of Madhya Pradesh
SHRI JUSTICE VIJAY KUMAR SHUKLA
BAIL - SECTION 439 CRPC - POCSO ACT - STATEMENT U/S 164 CRPC - NO ALLEGATION OF PHYSICAL RELATIONSHIP - BAIL GRANTED Fact ... Finding of the Court: The court noted that in the statement under Section 164 CrPC, the prosecutrix did not make any ... Her statements under Sections 161 and 164 CrPC were recorded. ... Her statement u/Ss.161,164 Cr.P.C were recorded. Counsel for applic....
• India - Patna High Court
Mr. Justice Prabhat Kumar Singh
KIDNAPPING - SECTION 366A IPC - BAIL - AGE OF VICTIM ASSESSED TO BE 17 YEARS - VICTIM'S STATEMENT UNDER SECTION 164 CRPC INDICATES ... Finding of the Court: The court found that the victim's statement under Section 164 CrPC indicated that she left home ... Ratio Decidendi: The court held that the victim's statement under Section 164 CrPC, the petitioner's clean antecedents, and ... The victim, in her statement r....
• India - Allahabad High Court
SAURABH LAVANIA
statement under Section 164 CrPC, as it was made before she had been tutored. ... However, in her statement under Section 164 CrPC, she alleged that the applicants and other co-accused had abducted her. ... The court considered the fact that the victim's statement under Section 161 CrPC was more reliable than her statement under Section ... It is stated that on being tutored, the victim levelled the allegations against the applican....
• India - High Court of Jharkhand
HON'BLE MR. JUSTICE SUBHASH CHAND
BAIL - SECTION 376(D) IPC - NO ROLE ASSIGNED TO THE APPLICANT IN THE FIR OR IN THE STATEMENT UNDER SECTION 164 CRPC - BAIL GRANTED ... The victim had lodged the FIR herself and had not named the applicant in the FIR or in her statement under Section 164 CrPC. ... under Section 164 Cr.P.C. has not named the applicant and no role has been assigned to the applicant in regard to his complicity ... Learned counsel for the applicant has submitted that th....
2023 Supreme(Online)(ALL) 17875 • India - Allahabad High Court
The court also noted that the victim had stated in her statement under Section 164 CrPC that she had lived with the applicant for ... under Section 164 CrPC that she had lived with him for about two years with her own consent. ... filed a bail application, claiming that he was falsely implicated due to ulterior motives and that the victim had stated in her statement ... It is further argued that the victim in her statement recorded under section 164....
• India - Patna High Court
Mr. Justice Partha Sarthy
The FIR was registered after a delay of 15 days, and the girl later gave a statement under Section 164 CrPC alleging that she had ... Section 164 CrPC, her age (16-18 years), and the fact that she was found to be pregnant. ... Finding of the Court: The court rejected the petitioner's bail application, considering the victim's statement under ... On her return, under the influence of her parents she had given a tutored statement under section 164 ....
• India - High Court Of Rajasthan
MAHENDAR KUMAR GOYAL
The petitioner claimed that the allegations were false and that the prosecutrix's statement under Section 164 CrPC was unnatural ... The court also considered the prosecutrix's statement under Section 164 CrPC and the petitioner's lack of criminal antecedents. ... BAIL - SECTION 376 IPC - STATEMENT OF PROSECUTRIX - INTERPRETATION - COURT'S DISCRETION Fact of the Case: The petitioner ... Inviting attention of this Court towards her statement re....
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