Statement of witness recorded in absence of accused

2019 Y L R 2553

–Benefit of doubt—Principle—Prosecution is duty bound to bring home charge against the accused beyond any reasonable shadow of doubt, most particularly in cases where capital punishment is provided—Prosecution is under statutory obligation to bring on record unimpeachable and lucid evidence, which shall satisfy the judicial mind of the court with regard to the proof of charge levelled by the prosecution against the accused indicted for the crime.

—-S. 512—Statement of witness recorded in absence of accused—Transfer of statement of witness recorded in proceedings under S. 512, Cr.P.C.—Validity—Statement of a witness duly recorded under S. 512, Cr.P.C. can be transposed to the trial of accused subsequently arrested and the same will fall within the category of substantive evidence—Yet the court has to evaluate the same on case to case basis with care and caution while considering the intrinsic worth of the statement in the circumstances of each case for the reason that the same has not been subjected to cross-examination

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