Babulal v. State - 1977 Supreme(Online)(All) 14

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1977 Supreme(Online)(All) 14

ALLAHABAD HIGH COURT
learned single Judge, J
Babulal v. State

Table of Content
1. legal questions regarding document disclosure and the rights of the accused in trials. (Para 1)
2. distinction of inquiry officers’ obligations from police officers under criminal procedures. (Para 2 , 3 , 4 , 5)
3. impeachment rights of the accused rely on judicial discretion and statutory provisions. (Para 6 , 7 , 8 , 9)
4. court's final ruling confirming the conviction based on discussed principles. (Para 10)

1. This matter upon a reference made by a learned single Judge of this court ariess from a conviction under S.3 of the Railway Property (Unlawful Possession) Act . 1966 (to be hereinafter referred as the Act.).
The questions raised in the case are these:
1. Whether an officer of the Force making an inquiry under S.8(2) read with S.9 of the Act is bound to furnish copies of the statements of persons examined by him under S.173(4) of the Old Code of Criminal Procedure (Corresponding to S.207 of the Code of Criminal Procedure 1973).?
2.Whether, if it is not obligatory upon the prosecution to supply the copies, an accused in order to show the contradiction or inconsistency between the statement of the witness at the trial and what he had stated before the inquir