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ANSHUMAN
Yogendra Saw – Appellant
Versus
State of Bihar – Respondent
Dr. Anshuman, J. – Heard learned counsel for the petitioner and learned counsel for the State.
2. The present criminal revision has been filed against the order dated 14.09.2016 passed in Sessions Trial No. 535 of 2012 in connection with Gaurichak P.S. Case No. 74 of 2011 dated 01.05.2011 under Section 302/34 of the I.P.C. whereby and whereunder learned court below has rejected the petition dated 14.09.2016 stating that the defence side can not contradict the statement recorded in case diary, however he may contradict the present statement from the case diary.
3. Counsel for the petitioner submits that section 145 of the Indian Evidence Act is very much clear on this issue and it categorically states that:
4. Section 145. Cross-examination as to previous statements in writing.
“A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.”
5. Counsel fo
An accused is entitled to cross-examine a defense witness who turns hostile by using previous statements recorded by the police, as the proviso to Section 162 of the Code of Criminal Procedure, read ....
The central legal point established in the judgment is the importance of following the provisions of Section 145 of the Evidence Act in cross examination and the requirement to confront or contradict....
The right to cross-examine witnesses is fundamental to ensuring a fair trial, and courts must allow such opportunities unless legally justified otherwise.
Statements recorded during a police investigation are admissible for the limited purpose of contradicting a witness during cross-examination to test their credibility, a process which cannot be prohi....
The admissibility of statements recorded under Section 164 of the Cr.P.C. as evidence and the conduct of the petitioner's counsel were central legal points established in the judgment.
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