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Emperor Vs. Laxman Subhana - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Application for Revision No. 78 of 1907
Judge
Reported in(1907)9BOMLR895
AppellantEmperor
RespondentLaxman Subhana
Excerpt:
criminal procedure code (act v of 1898), section 162-statements of prosecution witnesses before police-their depositions before magistrate-comparison of two statements-conviction based upon the comparison-trial-illegality.;it is illegal fora magistrate trying an accused person to use as evidence against him the statements made by the prosecution witnesses before tha police by comparing them with their depositions and as a result of that comparison to convict him. - curiam, j.1. it is clear from an examination of this case that the magistrate who tried the prisoners used as evidence against them statements made by the prosecution witnesses before the police, by comparing them with their depositions and as a result of that comparison convicted the prisoners. that was illegal. see section 162 of the code of criminal procedure. the convictions and sentences are quashed and we direct that the petitioners, if in jail, be set at liberty.
Judgment:

Curiam, J.

1. It is clear from an examination of this case that the Magistrate who tried the prisoners used as evidence against them statements made by the prosecution witnesses before the Police, by comparing them with their depositions and as a result of that comparison convicted the prisoners. That was illegal. See Section 162 of the Code of Criminal Procedure. The convictions and sentences are quashed and we direct that the petitioners, if in jail, be set at liberty.


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