Exhibition of Statement of Deceased Recorded Under S.161, Cr.P.C. During His Life Time

Exhibition of the statement of the deceased recorded under S.161, Cr.P.C. during his lifetime

The revision had been directed against the order of the Trial Court whereby the statement of the deceased recorded under S.161, Cr. P. C. during his life tune was refused to be exhibited while recording the statement of Investigating Officer, Statement required to be exhibited was part of the record annexed with the report submitted under S.173, Cr. P. C. and the same had been cross-examined by the defence. Exhibition of a document was in fact a piece of evidence subject to cross-examination; it could or could not be accepted by the Trial Court at the time of final judgment, but the exhibition of the swine during proceedings of the case could not be denied simply for the reason that it was not put to the witness at the time of examination-in-chief. The existence of the statement in question had not been challenged, If counsel for petitioner/prosecution, inadvertently did not exhibit the said statement, the prosecution was introducing new evidence or by doing so prosecution was trying to fill up any lacuna which would prejudice the accused. Re-examination of any person already examined at any stage of proceedings, if appeared to be essential for just determination of the controversy, same could be recalled, as provided under S.540, Cr.P.C. Search of truth was the primary duty imposed upon the court for administration of justice and the court could not base its opinion merely on technicalities. The statement required to be exhibited was very much essential for just the decision of the case---Trial Court was not justified to observe that prosecution wanted to fill up the lacuna. The reason given by the Trial Court was not well-founded because the matter was not of filling up the lacuna or giving any advantage to the parties, but the object was to search for the truth and reach at a definite conclusion with regard to the guilt or innocence of the accused. The contention that benefits arising out of non-exhibition of the statement of a witness under S.161, Cr.P.C  could be availed by the accused only and prosecution was not entitled to get the benefit of same, was not well-founded, because the courts were not required to indulge info benefits of one party or the other; but were required under law to look into the evidence available which would enable the court to reach at the definite conclusion with regard to the guilt or innocence of accused.

2007 P Cr. L J 1718

CAUTIONARY PROCLAMATION

The main object of this post is to provide information and education, the writer will not take any responsibility for the statement in case to present it in court or other legal forms, the professionals are advised to consult the original judgment from the authentic source for further clarifications and utilization accordingly.  





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