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Emperor Vs. Jafar Raki - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in89Ind.Cas.976
AppellantEmperor
RespondentJafar Raki
Excerpt:
criminal procedure code (act v of 1898), sections 107, 117(2), 355, 860 - security proceedings--enquiry--deposition of witness, whether must be read in presence of accused. - 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 cage of an inquiry under section 107 of the cr.p.c. under section 117(2) of the code such inquiry shall be made in the manner prescribed for conducting trials and recording evidence in summons cases. the manner prescribed for recording evidence in summons cases is to be found in section 355. section 360 is applicable to the evidence of witnesses taken under section 356 or 357, and is not applicable to a case in which the evidence is recorded under section 355.2. we make this ru]e 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 cage of an inquiry under Section 107 of the Cr.P.C. Under Section 117(2) of the Code such inquiry shall be made in the manner prescribed for conducting trials and recording evidence in summons cases. The manner prescribed for recording evidence in summons cases is to be found in Section 355. Section 360 is applicable to the evidence of witnesses taken under Section 356 or 357, and is not applicable to a case in which the evidence is recorded under Section 355.

2. We make this Ru]e 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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