1980 CRI. L. J. 439 ::1980 Cri App R (SC) 41 ::1980 AllCriR 257 ::(1980) AllCriC 115 ::1980 SCC(Cri) 340 ::1980 2 SCC 84 ::1980 All WC 337 ::1980 2 SCR 491

Supreme Court Of India

(From : 1976 Cri LJ 1969 (Mad))

Hon'ble Judge(s): S. Murtaza Fazal Ali, P. S. Kailasam, Anand Dev Koshal , JJJ

(A) Criminal P.C. (5 of 1898) , S.288— Evidence given during committal proceedings - Treating it as evidence in the case - Statements of witnesses read in extenso to them - Their admission that statements are made in committal Court - Sufficient compliance with S.288. Evidence Act (1 of 1872) , S.145— (Para 12) (B) Criminal P.C. (5 of 1898) , S.161, S.288— Statements of witnesses recorded under Sec. 164 - Evidentiary value of - Treating evidence of one witness as corroborative of another - Valid. Evidence Act (1 of 1872) , S.157— During the investigation the Police Officer sometimes feels it expedient to have the statement of a witness recorded under Sec. 164, Cr. P. C. This happens when the witnesses to a crime are clearly connected with the accused or where the accused are very influential which may result in the witnesses being gained over. The Sec. 164 statement that is recorded has the endorsement of the Magistrate that the statement had been made by the witness. The mere fact that the Police had reasons to suspect that the witnesses might be gained over and that it was expedient to have their statements recorded by the Magistrate, would not make the statements of the witnesses thus recorded, tainted. If the witne....