S.145 Evidence Act | Attention Of Witness Must Be Drawn To Previous Statement If It Is To Be Used For Purpose Of Contradicting Him: P&H High Court
2 years, 9 months ago

S.145 Evidence Act | Attention Of Witness Must Be Drawn To Previous Statement If It Is To Be Used For Purpose Of Contradicting Him: P&H High Court

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The Punjab and Haryana High Court while dealing with an appeal filed by three appellants against the order whereby they were convicted for robbery, held that if the witness was not confronted with that part of the statement with which the defense wanted to contradict him, then the Court cannot suo moto use the statements to prove compliance with Section 145 of the Evidence Act. If the witness was not confronted with that part of the statement with which the defence wanted to contradict him, then the Court cannot suo moto make use of statements to police not proved in compliance with Section 145 of the Evidence Act that is, by drawing attention to the parts intended for contradiction. Mishra and another Versus State of Uttarakhard and another, the court held that under Section 145 of the Evidence Act when it is intended to contradict the witness by his previous statement which is reduced into writing, the attention of such witness must be called upon to those parts of the previous statement which are to be used for the purpose of contradicting him before the writing can be used. Court in VK Mishra's case have held that if the witness was not confronted with that part of the statement with which the defence wanted to contradict him, then the Court cannot suo moto make use of statements to police not proved in compliance with Section 145 of the Evidence Act that is, by drawing attention to the parts intended for contradiction.

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