Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
The Hon'ble Supreme Court , while allowing the criminal appeal of the accused-appellant, observed that during a trial, the prosecution could not seek to prove a fact that the witness has not stated in his/her statement under Section 161 (Examination of witnesses by police) of the Code Of Criminal Procedure, 1973.
"Prosecution cannot seek to prove a fact during trial through a witness which such witness had not stated to police during investigation. The evidence of that witness regarding the said improved fact is of no significance." observed a three-judge bench of Hon'ble Justices B. R. Gavai, P.S. Narasimha, and Aravind Kumar.
If witnesses had failed to mention in their statements, under Section 161 of the CrPC, about the involvement of an accused, their subsequent statement before the court during the trial regarding the involvement of that particular accused could not be relied upon.
Case Title: DARSHAN SINGH vs. THE STATE OF PUNJAB (2024 SC)
