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Subramaniam Chettiar Vs. Thandava Chettiar and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Judge
Reported in1963CriLJ370; (1963)IMLJ10
AppellantSubramaniam Chettiar
RespondentThandava Chettiar and anr.
Excerpt:
- ordersadasivam, j.1. the statement of a person recorded under section 162 criminal procedure code cannot be used to contradict that person under section 145 of the indian evidence act when he is called as a defence witness. the proviso to section 162 of the criminal procedure code can be invoked only in the case of prosecution witnesses and not in the case of defence witnesses. the order of the lower court is correct. the criminal revision petition is therefore dismissed.
Judgment:
ORDER

Sadasivam, J.

1. The statement of a person recorded under Section 162 Criminal Procedure Code cannot be used to contradict that person under Section 145 of the Indian Evidence Act when he is called as a defence witness. The proviso to Section 162 of the Criminal Procedure Code can be invoked only in the case of prosecution witnesses and not in the case of defence witnesses. The order of the lower Court is correct. The criminal revision petition is therefore dismissed.


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