AIR 1954 SAURASHTRA 142

Saurashtra High Court

Hon'ble Judge(s): Chhatpar, Baxi , JJ

Criminal P.C. (5 of 1898) , S.288— "Subject to the provisions of the Indian Evidence Act". Evidence Act (1 of 1872) , S.145— Section 145, Evidence Act, falls fairly and squarely within the plain meaning of the words "subject to the provisions of the Indian Evidence Act", occurring in Sec. 288, Criminal P.C. Hence, the evidence in the Committal Court cannot be used in the Sessions Court unless the witness is confronted with his previous statement which are to be used for purposes of contradicting him as required by Sec. 145, Evidence Act. Then only can the matter be brought in as substantive evidence under Sec. 288, Criminal P.C. And for this purpose a substantial compliance with S. 145, Evidence Act, is sufficient. AIR 1951 SC 441 and AIR 1952 SC 214, Foll.(Para 3 5) Anno : Criminal P.C., S. 288, N. 7. 1949 Mitra : S. 288, P. 910, N. 899 "Subject...... Act" (4 Pts. extra in N. 7 to S. 288 ill AIR Com.) Evidence Act, S. 145, N. 1, 8. .....