Law: Criminal Procedure Code, 1898

Section: S. 162

  Conviction--Based on sole evidence of first informant ---"Most unsafe."   Witness-Omitting to state before Investigating Officer vital points of evidence given in trial Court-Evidence not relied upon-Criminal Procedure Code (V of 1898), S. 162.   Criminal Procedure Code (V of 1898), Ss. 161 & 162-- Accused not to be deprived of benefit of cross-examination of prosecution witnesses with reference to statements recorded under S. 161.   Criminal Procedure Code (V of 1898), S. 509 (1) & (2)--Although deponent (medical witness) is not called as a witness--" Does not mean, when deponent has been so called, his deposition "taken and attested by Magistrate" cannot be given in evidence at trial-Examination of medical witness at trial, however, of "utmost importance" if such witness is easily available or is in attendance in Court-Legality.   It is not illegal to receive medical evidence under the provisions of section 509, Cr. P. C., if the medical man, whose evidence is sought to be so received, has been summoned to give evidence in Court. All that has been stated (in some precedents) is that it is not desirable or proper that, if the medical man is summoned and available in Court, the provisions of section 509 should be utilised in order to save the prosecutor and the Court the trouble of examining the medical man in Court in the same manner as other witnesses in the case. It is certainly of the utmost importance that, if the medical man is easily available, or is in attendance in Court, he should be examined as a regular witness and normally his evidence should not be taken into the records of the Sessions Court by praying in aid the enabling provisions of section 509, Cr. P. C. But this certainly does not amount to saying that, once a medical man is summoned to give evidence under the provisions of subsection (2) of section 509, his evidence cannot be received under the provisions of subsection (1) of section 509.   Hashmat and another v Emperor A I R 1947 Lah, 377 rel.   JUDGMENT   MURSHED, J.-Appellants were tried by Mr. T. Hossain Mian, Additional Sessions Judge, Bakerganj, with…