AIR 1956 RAJASTHAN 196 ::1956 RajLW 319 ::ILR (1956) 6 Raj 762

Rajasthan High Court

Hon'ble Judge(s): Ranawat, Sharma , JJ

(A) Evidence Act (1 of 1872) , S.145, S.155— Scope of S.145 - Does not control S.155 - 1934 Sind 100 (AIR V 21), Dissented from. Section 145 in express terms applies to previous statements in writing or reduced to writing only and does not apply to statements not in writing or not reduced to writing.(Para 11) English law places statements in writing and oral statements at par when such statements are used for the purpose of contradicting a witness in cross-examination. The position of the law as laid down by the Indian Evidence Act is different from the position in English law on this point and the principles of English law cannot be followed when they are inconsistent with the express text of the law as contained in the Indian Evidence Act.(Para 12) By virtue of S. 155 proof of former statements inconsistent with any part of the evidence given by a witness can be given and it is not required by S. 155 that the attention of the witness must be drawn to such previous statements in course of his examination. It is obvious, therefore, that S. 145 does not control the provisions of S. 155 which is much wider and the evidence of a witness A cannot be regarded as inadmissible for the reason that the attention of witness B was not drawn to the statement attributed to him by the witness A. 1939 Nag 13 (AI....