Complainant stated that 161 CrPC statement is not her statement

Legal Fighter (Querist) 30 June 2011 This query is : Resolved
In State case, during investigation the police recorded 2 statements u/s 161 CrPC including one of the complainant. Now at trial, before framing of charge, she gave affidavit that it is not her statement and the police fabricated the statement. Can the accused be discharged on this sole ground as there is no other evidence against him.

Also can you please provide any judgment in support of this.

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Ravikant Soni (Expert) 30 June 2011
No. At the stage of framing of charges nothing can be considered produced by accused side.

He can not be discharged.

Ajay Bansal (Expert) 01 July 2011
See a very pouler judgement of full bench of Supreme Court,passed in year 1996,reported in all law-books of 1996,in case Somnath Thapa v/s State of Maharastra.Ravikant has given correct answer above.

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