AIR 1943 PESHAWAR 21

Peshawar High Court

Hon'ble Judge(s): Almond, Mir Ahmad , JJ

Criminal P.C. (5 of 1898) , S.357— Notification under, No.3174 L.D. dated 26th January, 1937, - Effect of - Evidence dictated by Sessions Judge taken down by stenographer in shorthand and then transcribed into typed record in English - Typed record alone signed by Sessions Judge - No reasons given for not taking down evidence in his own hand by Sessions Judge - Procedure is irregular and vitiates trial. The effect of the N.-W.F.P. Government Notification No. 3174 L.D. dated 26th January, 1937, is that the evidence is to be taken down in English by the Sessions Judge with his own hand in the presence of the accused or it is to be taken down from his dictation in open Court in the presence of the accused. It is to be signed by him and is to form part of the re-cord. When the latter procedure is to be adopted the Sessions Judge has to record the reasons for his inability to take down the evidence with his own hand. Where the Judge without recording any reasons as to his inability to take down the evidence in his own hand dictates the evidence in open Court to a stenographer who takes it down in shorthand and subsequently transcribes it into a typed record in English and what is signed by the Judge and forms part of the record is not the shorthand notes but the typed record that is the transcript of what was taken down in open Court the procedure is open to grav....