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1978 DIGILAW 172 (MP)

Anokhilal v. State of M. P.

1978-02-28

G.P.SINGH

body1978
Short Note : 1. The evidence of Hirabai (PW-3) is criticised on the ground that she admitted that the Sub-Inspector had read out to her the case diary statement before her statement was recorded in the Sessions Court. Learned counsel submits that this makes her statement wholly inadmissible. In the instant case, if Hirabai is to be believed, her case diary statement was read out to her outside the Court. It is no doubt true that the practice of the Prosecuting Inspectors of reading out case diary statements to prosecution witnesses before their examination in Court should be highly deprecated and if it is inferred that the evidence given in Court was entirely influenced by the case diary statement it may be held inadmissible. Zahiruddin vs. Emperor, AIR 1947 PC 75 and Ganeshsingh vs. State of M.P. Cr. Revision No. 759 decided on 10th of July 1969 referred to. Appeal partly allowed.