Validity of 164 Statement as evidence?

671 votes

*Reliability of Section 164 Statement* The discrepancy between the victim's statement under Section 164 of the CrPC and her testimony in court raises questions about the reliability of the 164 statement. The statement was recorded with an endorsement that the victim understood Kannada and had acknowledged the contents as correct and true. However, during cross-examination, the victim claimed she doesn't understand Kannada. *Key Considerations* 1. *Credibility of the Victim*: The contradiction between the 164 statement and the victim's testimony in court may impact her credibility as a witness. 2. *Admissibility of the 164 Statement*: The court may consider the 164 statement as a previous statement, but its reliability and credibility would be questionable given the victim's subsequent testimony. 3. *Impact on Corroboration*: The court may not rely solely on the 164 statement to corroborate the witness testimony, especially if the victim's credibility is impeached. *Court's Approach* The court would likely consider the following factors: 1. *Investigation into the Recording*: The court may investigate how the 164 statement was recorded, including whether the victim was coerced or misled. 2. *Victim's Explanation*: The court would consider the victim's explanation for the discrepancy and assess its credibility. 3. *Other Evidence*: The court would evaluate other evidence on record to determine if it corroborates the victim's testimony or the 164 statement. *Conclusion* Given the discrepancy, the court may not entirely rely on the 164 statement to corroborate the witness testimony. The court would carefully evaluate the evidence and consider the circumstances surrounding the recording of the 164 statement.

Advocate Narasimhachar M K LawRato

542 votes

Dear Sir, Since 164 statement discloses both victim understands kannada and also read over to her and explained to the victim but the language in which it was explained is not written. You may take benefit of the same and argue before the Trial Court saying that no reliance can be placed on such statement wherein the contents of the said statement not known to the victim. There are chances of acquittal on the above ground.

Advocate Kishan Dutt Kalaskar LawRato