Law: Criminal Procedure Code (V of 1898)

Section: 288

Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal Procedure Code (V of 1898)  S. 288-Statement transferred under S. 288-Substantive piece of evidence-Acceptance of any of two conflicting statements-Matter of critical examination for Court-Statement, which and how to be accepted-Principle enunciated. It is true of course, that statements under section 288 become substantive evidence in the trial, but it must always be a matter of critical examination for the Courts to consider which of the two conflicting versions, put forward by such a witness, if any, should be accepted as the truth. It does not always and necessarily follow, that the earlier version should be accepted; all that the law permits, by reason of section 288, is that, by way of exception to the general rule, such a deposition is substantive a evidence and not merely a previous statement which can be used for the purpose of contradiction or corroboration. It is as if the witness has stated the same thing before the Court of Session but this does not mean that the deposition in the Court of Sessions can be wholly ignored and, while of course, the fact that the committal Court statement was earlier in point of time is some reason for preferring it, that would not be a conclusive consideration and the Court must attempt, as best it .can, to see which is the true version. If it is satisfied upon the circumstances of the case that a particular version is true beyond reasonable doubt, then of course, it would accept it but that would be a finding of fact as any other finding not dependent upon the application of any principle of law. (b) Witness  Conviction --- Conviction in criminal case based upon oral evidence-Must be founded upon evidence-of witnesses of un impeachable character-Penal Code (XLV of 1860), S. 302. A conviction in a criminal case, particularly for a capital charge, if based upon oral evidence, must be founded upon the evidence of witnesses of such unimpeachable character that there is no reasonable doubt that they are speaking the entire truth. Date of hearing: 7th March 1974.                                        …