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Showing posts with the label appreciation of evidence

Statement of Accused can be used for corroboration of prosecution evidence

In a recent Judgment the Allahabad High Court has held that statements given by the accused persons under Section 313 of Code of Criminal Procedure can be used for the purpose of appreciation of evidence and can also be used for corroboration of the prosecution evidence; but the burden of the prosecution to prove its case beyond reasonable doubt is not reduced to any extent. A Division Bench comprising of Justices Surendra Vikram Rathore and Anil Kumar Srivastava has allowed the Criminal Appeals preferred by Accused against the Judgment and order passed by Additional Sessions Judge, Fast Track Court No. 2, Gonda, in Sessions Trial No. 177 of 2004 arising out of Case Crime No.114-A of 2001, Police Station Nawabganj, District Gonda The Counsel for the State has argued that in the statement of appellants recorded under Section 313 Cr.P.C., date time and place has been admitted and the manner in which the incident has taken place stands established by the evidence of two eye-witnesses. So ...