Latest news with #Section161
Time of India
09-05-2025
- Politics
- Time of India
71 of 87 witnesses renege, murder accused acquitted
Representative image NEW DELHI: In a classic case of witnesses turning hostile, 71 of the 87 witnesses reneged from their statement, including a young boy who in 2011 witnessed his father being hacked to death, paving the way for acquittal of accused with Supreme Court on Friday ruling that conviction could not be held only on the basis of testimony of the police. Setting aside the high court's conviction order in the murder case, the apex court sympathised with HC judges and said "We quite understand the consternation of the learned judges, in the cold-blooded murder of a person, carried out in front of his own son where the investigation though elaborate, it collapsed miserably at the trial, where the prosecution witnesses; all of them, turned hostile". Operation Sindoor PM Modi meets NSA, chiefs of armed forces amid spike in tensions with Pak India's air defence systems shoot down Pak drones in J&K, Punjab & Rajasthan Several airports in India to be closed till May 15 - check list "We share consternation of learned judges but that is no reason for us to rely on the story scripted by investigating agency based on so-called voluntary statements and recoveries made, which prosecution failed to prove to have a nexus with the crime," SC said. "We cannot but observe that the judgment of the high court reversing the order of acquittal of the trial court proceeds on mere surmises and conjectures relying wholly on the testimony of the investigating officers, who merely regurgitated the statements recorded under Section 161 (statement before police) and the voluntary statements of the accused," the bench said. The court said that there were not even two views coming forth from the evidence and the only view that comes forth was that the prosecution completely failed to prove the allegations raised and charged against each of the accused, more by reason of all the witnesses paraded before court, at the trial, having turned hostile for reasons unknown. "Whatever be the reason behind such hostility, it cannot result in a conviction, based on the testimony of the investigating officers, which is founded only on Section 161 statements and voluntary statements of accused," it said.
India Today
08-05-2025
- India Today
Bombay High Court slams ‘copy-paste culture' in police statements, seeks reforms
The Aurangabad bench of the Bombay High Court has strongly criticised the prevalent 'copy-paste culture' in the recording of witness statements by police, calling for immediate intervention and systemic reform.A division bench comprising Justices Vibha Kankanwadi and Sanjay A Deshmukh expressed concern while hearing a plea filed by Amol Nikam and four of his family members, who had sought to quash proceedings arising from an FIR lodged at Erandol Police Station in Jalgaon district on February 24, case, initially registered as an accidental death, was later converted to abetment of suicide, and subsequently under Section 305 after it was confirmed that the deceased was a 17-year-old minor girl. Though the bench initially appeared disinclined to grant relief and the petition was eventually withdrawn by the petitioners, the court took suo motu judicial notice of the manner in which statements under Section 161 of the Code of Criminal Procedure (CrPC) had been recorded.'Even in serious offences, the investigating officer has literally made copy-paste of the statements,' the court noted, expressing shock over the mechanical and negligent approach adopted by the police. 'Two witnesses cannot give statements in identical fashion. Even the paragraphs start with the same words and end with the same words,' the bench this practice 'dangerous,' the court cautioned that such uniformity in statements could inadvertently benefit the accused and weaken the credibility of otherwise genuine cases. 'In such circumstances, the seriousness of the genuine case may get vanished,' it by the findings, the court appointed Advocate Mukul Kulkarni as amicus curiae to assist in drafting a petition recommending systemic reforms. 'The State must come out with specific guidelines for investigating officers, especially regarding how statements should be recorded,' the court amicus has been asked to submit a report by June 20, with the next hearing scheduled for June Watch
Indian Express
06-05-2025
- Indian Express
Bombay HC flags ‘copy-paste' statements in chargesheets, raise doubts over whether police call witnesses at all
The Aurangabad bench of the Bombay High Court raised concerns over the use of 'copy-paste' statements of witnesses in chargesheets, stating that no two witnesses can give identical statements and that such a practice by police can give an advantage to the accused. Taking suo motu cognisance of the issue, the court directed the Maharashtra government to prepare specific guidelines for investigating officers, including on how to record witness statements. '[A]fter going through the entire chargesheet, we have noticed that even in a serious offence, the investigating officer who had recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure, has literally made copy-paste of the statements. Even the paragraphs start with the same words and end with the same words. The culture of copy-paste statements is dangerous and may, in certain cases unnecessarily, give advantage to the accused persons,' a bench of Justice Vibha Kankanwadi and Justice Sanjay A Deshmukh said in an order on April 29. The chargesheet was filed against five people who have moved the court seeking the quashing of a suicide abetment case booked against them in Jalgaon in 2024 over the death of a 17-year-old. The court said that such 'copy-paste statements' are often seen, including in domestic violence cases under Indian Penal Code section 498A, raising doubts over whether the witnesses were called by the police at all to record their statements. 'But when now we are coming across with such copy-paste statements in serious offence like Section 306 of the Indian Penal Code, it is then high time to take cognizance of the issue suo moto and to consider as to what are those shortcomings or difficulties for the investigating officer/officers when they record such copy-paste statements,' the court said. The court also appointed an amicus curiae, advocate Mukul Kulkarni. 'He may collect data and suggest measures to be taken by the State Government to avoid such situations of copy-paste and to overall improve the quality of investigation,' it said, posting the hearing to June 20, with directions to the amicus curiae to file a petition.
