AIR 1960 SUPREME COURT 490

Supreme Court Of India

(From : Punjab)*

Hon'ble Judge(s): S. J. Imam, J. L. Kapur, K. N. Wanchoo , JJJ

(A) Criminal P.C. (5 of 1898) , S.164— Statement of witness recorded under S. 164 - Not substantive evidence - It can be used only to corroborate or contradict that witness. Statements recorded under S. 164 of the Code are not substantive evidence in a case and cannot be made use of except to corroborate or contradict the witness. An admission by a witness that a statement of his was recorded under S. 164 of the Code and that what he had stated there was true would not make the entire statement admissible; much less could any part of it be used as substantive evidence in the case.(Para 13) A Judge commits an error of law in using the statement of a witness under S. 164 as a substantive evidence in coming to the conclusion that he had been won over.(Para 13) (B) Constitution of India , Art.136— Appreciation of evidence - Magistrate and Sessions Judge convicting accused on testimony of a single witness - Acquittal by High Court holding that witness was accomplice and his testimony required corroboration - Appeal by special leave - Held that Sessions Judge had committed an error of law in treating evidence of the witness as reliable - Supreme Court was bound to consider the evidence and arrive at its own conclusion whether it was reliable. ....