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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Ibrahim – Appellant
Versus
Sakina – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
Present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 19.01.2018 (Annexure P-4) passed by the Additional Civil Judge (Sr. Division), Ferozepur Jhirka (Mewat), vide which the application filed by the petitioner for producing additional evidence has been dismissed.
2. The plaintiff had filed a civil suit with the following prayer: -
3. The evidence of the petitioner was closed and the defendants had also led their evidence. At the stage of rebuttal evidence, an application dated 19.12.2017 (Annexure P-2) was filed for producing additional evidence. In the said application it was averred that a criminal case bearing No.230/2013 under Sections 406 and 498-A IPC was registered at Police Station Kaman, District Bharatpur by one Sajida, who in the application was stated to be daughter of Sakina (defendant No.l/respondent No.l) and it was averred that the statements of the brothers of Sakina, namely, Jamati and Subrati, and other witnesses were recorded during the course of investigation of the criminal case and defendant No.l-Sakina at the time of cross examination had admitted about
The evidentiary value of a statement under Section 164 Cr.P.C. is limited and is used as an aid during trial.
Conviction cannot be based only on the ground that the alleged accused has absconded.
Statements recorded under Section 164 of the Cr.P.C. are not substantive evidence and can only be used for contradiction or corroboration during cross-examination.
The evidence for summoning an accused under Section 319 Cr.P.C should be based on the allegations in the FIR and the deposition during trial, rather than on the statement made under Section 161 Cr.P.....
The court emphasized that additional evidence under Section 391 of the Cr.P.C. must not prejudice the accused and should only be admitted if necessary to prevent a failure of justice.
The main legal principle established in the judgment is the importance of confronting witnesses with their previous statements to ensure a fair trial, as mandated by Section 145 of the Evidence Act a....
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