Law: Criminal Procedure Code (V of 1898)

Section: 288

Law: Penal Code (XLV of 1860)

Section: 302,307

Law: Evidence Act (I of 1872)

Section: 145

  Criminal Procedure Code (V of 1898)-------   ------ S. 288-Statements of witnesses brought on record under section--Subject to provi sions of Evidence Act, 1872, substantive evidence-Conviction can be based on such evidence-Value, however, depends upon how far they can be believed and accepted in context of entire case -Statement made during committal proceeding repudiated at trial Court, as a rule, must look for positive and material corroboration before convicting accused on earlier deposition of witnesses- Penal Code (XLV of 1860), Ss. 302 & 307Evidence Act (I of 1872), S. 145.   Statements, made by witnesses in committal proceedings can be brought on record at the Sessions trial and such statements, in preference to the evidence given by the witnesses in the trial Court, can be the basis of a conviction. But the value of such statements transferred to the file of the trial Court, depends upon how far they can be believed and accepted in the context of the entire case.   Primarily it is the evidence given at the trial which can be considered and used against an accused person. Evidence of a witness recorded during the commitment inquiry and transferred under section 288 of the Criminal Procedure Code, 1898 can be transferred, on the direction of the trial Judge, and treated as substantive evidence, becoming a part of that witness's statement, but this evidence is subject to the provisions of the Evidence Act, 1872, and subject to the same, if not severer, tests of appre ciation and evaluation as any other evidence. If a statement made during commitment inquiry is repudiated at the trial its evidentiary value is certainly not enhanced but is definitely lowered as, amongst other things, it is the statement of a person, who, in view of his conduct, cannot be credited with any scruples for truth and integrity. Technically there may be no legal objection for a conviction being based on such depositions transferred under section 288 of the Criminal Procedure Code, 1898, but as a rule of prudence, now' well recognised, Courts must look for positive and material corroboration of such state ments. The mere fact that a witness has…