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Legal Remembrancer Vs. Jafar Raki - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Reported inAIR1925Cal940
AppellantLegal Remembrancer
RespondentJafar Raki
Excerpt:
- 1. it does not appear to be necessary for the deposition to be read over to the witness in the presence of the accused in the case of an inquiry under section 1c7 of the criminal procedure code. under section 177 (2) of the code such inquiry shall be made in the manner prescribed for conducting trials and recording evidence in summons oases. the manner prescribed for recording evidence in summons oases is to be found in section 355. section 360 is applicable to the evidence of witnesses taken under section 856 or section 857, and is not applicable to a case in which the evidence is recorded under section 355.2. we make this rule absolute. we set aside the order of the sessions judge allowing the appeal, and direct that the appeal be re-heard on the merits.
Judgment:

1. It does not appear to be necessary for the deposition to be read over to the witness in the presence of the accused in the case of an inquiry under Section 1C7 of the Criminal Procedure Code. Under Section 177 (2) of the Code such inquiry shall be made in the manner prescribed for conducting trials and recording evidence in summons oases. The manner prescribed for recording evidence in summons oases is to be found in Section 355. Section 360 is applicable to the evidence of witnesses taken under Section 856 or Section 857, and is not applicable to a case in which the evidence is recorded under Section 355.

2. We make this Rule absolute. We set aside the order of the Sessions Judge allowing the appeal, and direct that the appeal be re-heard on the merits.


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