Law: Criminal Procedure Code (V of 1898)

Section: 342

Law: Criminal Procedure Code (V of 1898)

Section: 164

Law: Oath Act, 1873

Section: 5

(a) Witness--- Acquitted accused---No legal impediment to examination of, on oath in appeal- Cr. P. C. (V of 1898), S. 342­---Oaths Act (X of 1873), S. 5. There is no legal impediment to the appellate Court's exami­ning on the oath in appeal a person acquitted by the trial Court. I L R 58 Cal. 1214, I L R 25 Bom. 422, I L R 16 Bom. 661, 7 W R 44 (Cr.) I L R 1 Bom. 610 and I L R 2 All. 386 ref. (b) Criminal Procedure Code (V of 1898), S. 164---"In the course of investigation"-Meaning-Statement may be recorded not only at instance of police but at that of the accused, the ag­grieved person, or that of the witness himself. The words "in the course of an investigation" in section 164, Cr. P. C. as would appear from the succeeding words "or at any time afterwards before the commencement of the inquiry" mean "while the investigation is in progress", and a statement under that section may be recorded not only at the instance of the police but also at the instance of the accused or the aggrieved person or at the request of the witness himself. The authority to record statements in the course of police investigation does not exclusively vest in the Magistrates competent to take cognizance of the offence. The section itself expressly states that it is not necessary that the Magistrate recording such statement should have jurisdiction in the case, and there is a series of cases in which confessions recorded under that section by Magistrates in Indian States and foreign jurisdictions have been admitted in evidence. (c) Witness- Contradictory statements of, before Committing Magistrate and Sessions trial-Value of-Completely ignoring both statements not an invariable rule. There are several decisions in which Judges have taken the view that where a witness makes one statement before the Com­mitting Magistrate and a completely different one at the trial, the safer course is to completely ignore his evidence. This may generally be true but is not an invariable rule. The statement made before the Committing Magistrate and transferred to Court of Session is substantive evidence and the Court is at liberty to act on such evidence, if it is satisfied that the statement was true.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492