Cross Examination---Statements under S.161 CrPC --Use for Contradiction in Cross-Examination is Absolute Right of Accused
An accused has an absolute right to use statements recorded by the investigating officer under Section 161 CrPC to contradict prosecution witnesses during cross-examination. Section 162 CrPC does not prohibit such use; it only restricts use of such statements as substantive evidence to prove a fact in issue. The permissible use, as clarified under Section 162 read with Section 145 of the Indian Evidence Act, is limited to contradicting the maker of the statement to shake the veracity and trustworthiness of their testimony.
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