2020 SCMR 1049
S. 161---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Belated recording of statement of prosecution witness under S. 161, Cr.P.C.---Delay ed recording of such statement reduced its value to nil.
2017 SCMR 486
S. 161---Statement of witness before police---Delay ---Even one or two days unexplained Delay in recording the statement of eye-witnesses would be fatal and testimony of such witnesses could not be safely relied upon.
2010 SCMR 584
S. 161---Delay ed examination of witnesses by police---Effect---Delay in recording the statement of a witness by police without furnishing any plausible explanation, is fatal to prosecution case and the statement of such witness is not to be relied upon.
2009 SCMR 84
Delay in recording statements under S.161 Cr.P.C.---All the accused were acquitted by Trial Court but High Court, in exercise of appellate jurisdiction, convicted one accused and sentenced him to imprisonment for life---Validity---Statements under S.161 Cr.P.C. of prosecution witnesses were recorded after more than one month and 21 days---Police record showed that statements of prosecution witnesses were recorded on 30-10-2000, while deposing on oath, one prosecution witness had given the date of recording of his statement as 30-11-2000, creating such doubts in statements of prosecution witnesses with regard to their presence, at the time of alleged occurrence, recording of their statements and identification parade---Identification parade had lost its worth when two prosecution witnesses had admitted that accused was produced before Magistrate in handcuffs and in the custody of police---Statements of both the prosecution witnesses was more than enough to pronounce acquittal of accused in the case---Identification test was conducted after lapse of 76 days and at the time of identification test, prosecution witnesses had not described role of each accused, which was played by him at the time of alleged occurrence---Memo of identification test had also not shown details, names and addresses of dummies---Many other infirmities in their statement were also appearing due to which identification test had lost its verity---Supreme Court set aside the conviction and sentence of accused awarded by High Court and acquitted him of the charge---Appeal was allowed.
2008 SCMR 1221
S. 161---Belated statements of witnesses---Effect---Belated examination of a witness by police may not be fatal to prosecution but where Delay is unexplained, accused has not been named in F.I.R. and circumstances justify that open F.I.R. and Delay have purposely been manoeuvred to name accused later, such managed Delay and gaps adversely affected prosecution case.
1998 SCMR 570
Belated statement of a witness recorded under S.161, Cr.P.C.--Credibility of a witness is looked with serious suspicion if his statement under S.161, Cr.P.C. is recorded with Delay without offering any plausible explanation.
1996 SCMR 1553
Late recording of a statement of a prosecution witness under S.161, Cr.P.C. reduces its value to nil unless Delay is plausibly explained.
1993 SCMR 550
S.161---Statements recorded by police after Delay and without explanation are to be ruled out of consideration.
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