Law: Evidence Act, (1 of 1872)

Section: 30

Law: Criminal Procedure Code (V of 1898)

Section: 257,256

(a) Evidence Act (I of 1872), S. 30-Confession tarring co-accused with same brush as confessing accused-May be considered against both. The statement of Akhtar Ali was self-incriminating and it tared Muhammad Saeed with the same brush as himself. It can be taken into consideration not only against Akhtar Ali but against Muhammad Saeed also ; and similarly the statement of Muhammad Saeed can be .taken into consideration against him as well as Akhtar Ali. (b) Confession-Exculpatory in part and in Part inculpatory -Exculpatory part may be ignored if it is proved that it is false-Retracted confession-Need for corroboration in material Particulars-Recoveries of money as confessed by accused regarded as material corroboration. If a confession is partly inculpatory and partly exculpatory, the exculpatory part can be ignored if there is evidence to show that it is false. In the case of retracted confessions it has to be seen whether they are corroborated in some material particulars or not. Evidence­ of recoveries in accordance with the confession is a material corroboration. (c) Criminal Procedure Code (V of 1898), S. 257-Prosecu­tion witness called in defence does not cease to be a witness called for the prosecution-Copy of such witness's police statement may not be refused to accused at stage of defence--­In case of refusal of copy statement on which witness was sought to be contradicted should be kept out of consideration. Kamal Din P. W., who had been cross-examined before and after the charge, was recalled as a witness by the accused, and a copy of his statement to the police was applied for but not supplied on the ground that the copy of a witness's statement to the police can be given to the accused only when the witness is called for the prosecution, Held, that the witness did not cease to be a witness for the prosecution when he was called for further examination in defence any more than when he was called by the accused for further cross-examination after the charge. Section 256, Cr. P. C. enables the accused to recall prosecution witnesses for further cross-examination and section 257, Cr. P. C., enables the accused, after he has entered upon his defence,…

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