To wit, witnesses (other than the parties) have been confronted with the contents of the election petition or the written statement and asked to make comments or offer explanation as to passages therefrom, overlooking that Section 145 of the Evidence Act permits a witness being cross-examined as to previous statement made by him and not by a third person. How can a witness be confronted or asked to explain the contents of or averments made in writing or document to which he is not a party?
Supreme Court of India
Bench: R.C.Lahoti, S.V.Patil
Equivalent citations: AIR 2001 SC 490, JT 2001 (1) SC 252, 2001 (1) SCALE 11.
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