Criminal Procedure Code, 1973, Section 391 and Section 311

Criminal Procedure Code, 1973—Section 391 and Section 311—Recalling the prosecution witness for further examination on the ground that he has made inconsistent statement in some other case—Challenged by learned counsel for the CBI on the ground that the  statement which the PW is alleged to have made in jail has no legal sanctity and it came to be made and recorded in a manner completely unknown to law—Held, the learned counsel may be right but on that ground alone it would not be correct and proper to deny the application of Section 391 of the Cr.P.C.—If some later statement, has come to be made in some legal ways, it may be admissible on its own without any help from Section 311 or Section 391 of the Cr.P.C—It is only such statement or development which is otherwise not within the legal framework that would need the exercise of the Court’s jurisdiction to bring it before it as part of the legal record.


File Name:- SC_MAY 2012_2
Citation: - 2012 APEXLAWJOURNAL.COM (S.C.) 562