AIR 1971 SUPREME COURT 1162 ::1971 MadLW (Cri) 75 ::1970 U J (SC) 604 ::1970 Ker LT 390 ::1971 (1) SCR 399 ::1971 (1) SCJ 483 ::1970 SCD 646

Supreme Court Of India

Hon'ble Judge(s): S. M. Sikri, J. M. Shelat, V. Bhargava, G. K. Mitter, C. A. Vaidialingam , JJJ

(A) Evidence Act (1 of 1872) , S.146, S.63, S.153, S.155, S.157— Tape-recorded statement - Admissibility - Is admissible Under Section 146 (1), Exception 2 to Section 153, and Sec-tion 155 (3) and also for corroboration. The tape itself is primary and direct evidence admissible as to what has been said and picked up by the recorder. A previous statement, made by a witness and recorded on tape' can be used not only to corroborate the evidence given by the witness in Court but also to contradict the evidence given before the Court, as well as to test the veracity of the witness and also to impeach his impartiality. Thus apart from being used for corroboration, the evidence is admissible @page-SC1163 in respect of other three matters, under Section 146 (1), Exception 2 to Section 153 and Section 155 (3). The weight to be given to such evidence is however distinct and separate from the question of its admissibility. Case law discussed.(Para 13 22) (B) Evidence Act (1 of 1872) , S.155(3)— "Which is liable to be contradicted" - Meaning of - Does not mean merely "which is relevant to the Issue"-Held statement in (1890) ILR 17 Cal 344 was too broadly laid down. AIR 1928 PC 54, Distinguished. ....