A statement recorded under Sec 161 Cr.P.C cannot be relied upon for arriving at any finding by the Court; SC.

Supreme Court of India

Justice M R Shah & Justice Ashok Bhushan

The SC {Parvat Singh & Ors. v. State of Madhya Pradesh} holds that as per the settled preposition of law a statement recorded under Section 161 Cr.P.C. is inadmissible in evidence and cannot be relied upon or used to convict the accused. As per the settled proposition of law, the statement recorded under Section 161 Cr.P.C. can be used only to prove the contradictions and/or omissions. Therefore, it was held, as such, the High Court has erred in relying upon the statement of PW8 recorded under Section 161 Cr.P.C. while observing that the appellants were having the lathis.

It was held by the SC that the material contradictions, omissions and improvements in the statement of PW8 recorded under Section 161 Cr.P.C. as well as deposition before the Court qua the appellants – accused nos. 2 to 5 and that there was a prior enmity and no other independent witness has supported the case of the prosecution, the appellants herein – original accused nos. 2 to 5 are entitled to be 14 given the benefit of doubt.

In the present case, the impugned judgment and order of conviction passed by the learned Trial Court and confirmed by the High Court convicting the appellants herein – accused nos. 2 to 5 for the offence under Section 302 r/w Section 149 of the IPC were quashed and set aside and the appellants herein – original accused nos. 2 to 5 were acquitted of the charges for which they were tried by the SC.