Tuesday, 9 August 2022

Whether court witnesses or defence witnesses can be contradicted by reference to their police statement recorded U/S s 161 of CRPC?

  As regards the evidence of DW 1 it was wrong to have allowed him to be cross-examined by the prosecution with reference to the statement which he had given to the police. Under Section 162, Cr. PC only witnesses on behalf of the prosecution could be contradicted by reference to their statements made to the police, and not court witnesses or defence witnesses. 

Supreme Court of India
Mrs. Shakila Khader And Ors. vs Nausheer Cama And Ors. on 10 March, 1975
Equivalent citations: AIR 1975 SC 1324, (1975) 4 SCC 122, 1975 (7) UJ 393 SC
Author: A Alagiriswami

Bench: A Alagiriswami, N Untwalia
Read full Judgment here: Click here
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