Criminal Procedure Code, 1973—Section 311 and Section 391—Evidence Act, 1872, Section 145—Prayer for summoning the approver for further cross-examination on the ground that the approver (PW 1) in some other case has made a statement in jail in which he has retracted from his earlier statements incriminating himself and the other accused in the case—PW1 in the statement made in jail has said that his earlier statements were obtained by the CBI by subjecting him to great mental and physical torture—Held, it is obvious that one of the two statements of the approver (PW1) is false—But unlike Mishrilal or Hanuman Ram where the Court was able to sense without difficulty that the witnesses’ depositions before the Juvenile Court and the Children’s Court respectively were false, it is very difficult to say at this stage which of the statements is true and which of the statement was made under the influence, threat or coercion by the State officials or the CBI—The position may be clear in case he is subjected to further examination with reference to his statement made in jail.
File Name:- SC_MAY 2012_2
Citation: - 2012 APEXLAWJOURNAL.COM (S.C.) 560
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