2022 SCMR 1882...

Criminal Panel  Code (V of 1898)
Ss. 161, 265-F (2), 265-F (7), and 540 Witness referenced in the FIR yet whose assertion isn't recorded under Area 161 of the Cr.P.C. Whether such an observer could be analysed under segment 256-F or area 540, Cr.P.C., and what's more, his proof depended upon Held's observation that examination of area 265-F, Cr.P.C., shows that no place in the said segment is referenced where the main witnesses could be analysed whose articulations under area 161 of the Cr.P.C. have been recorded. Under section 265-F, Cr.P.C., the Preliminary Court will undoubtedly record the assertions of just those observers who have been recorded in the schedule of witnesses. Besides, there is no bar that an observer whose assertion under segment 161 of the Cr.P.C. had not been recorded at the hour of examination can't be permitted to be analysed under segment 540 of the Cr.P.C. When an observer is analysed in court whose assertion has not been recorded at the hour of examination under segment 161 of the Cr.P.C., the evidentiary worth to be joined to the proof of such an observer must be investigated, and on the off chance that found bias has been caused to the blamed, the proof of such an observer could possibly be followed up on...