Whether court can convict accused relying on statements of witnesses recorded under S 161 of CRPC?

 In the instant case, the prosecution has failed to
prove the guilt of both the appellants beyond
reasonable doubt. Though the prosecution witnesses
Nos. 1,2,3,4,5,7,8,9,10,11,12,18,29,20,21 and 23
have turned hostile, their alleged statements made
to the police under Section 161 of CrPC were not
confronted to them and marked as exhibits and
further the I.O. has not spoken in his evidence
anything about the alleged statements of the above
hostile witnesses recorded under Section 161 as
held by this Court in three Judge Bench in the case
of V.K. Mishra v. State of Uttarakhand10. Thus,
placing reliance upon their statements under
Section 161 by the High Court to record the finding
of conviction is erroneous in law. 
NON-REPORTABLE
 IN THE SUPREME COURT OF INDIA
 CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 952 OF 2010
BABY @ SEBASTIAN & ANR.
Vs.
CIRCLE INSPECTOR OF POLICE.

Dated:26th July, 2016.

Citation:(2016) 13 SCC333.
Read full judgment here :Click here

Print Page