DEVADOSS
In Re: Kuppa Mudaliar – Appellant
Versus
Unknown – Respondent
Devadoss, J.
1. This is an application to revise the order of the Sessions Judge of Salem. The point urged on behalf of petitioners is that the depositions of witnesses were not read over to them as soon as their examination was over. In other words, the terms of Section 360 of the Criminal Procedure Code were not complied with. Report was called for from the Magistrate who tried the case, and in his report he says:
In cases where the depositions are long and would take a considerable time of the Court, if they were then and there read over and interjected to the witnesses what is done is to keep all the witnesses aside as soon as each of them is examined so as not to give them an opportunity to mingle with those that are not examined and the place so allotted is within the views of the accused and their pleader. The depositions of the witnesses are read over and interpreted to them after the work in connexion with the case for the day is over.
2. This practice, though it may facilitate the work of the Court, is not one which is sanctioned by Section 360(1) of the Criminal Procedure Code. Clause (1) of Section 360 reads thus:
As the evidence of each witness taken under Section 356
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