Supreme Court · 2001 INSC 320 · Decided 26 July 2001
Mahabir Singh v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2001 INSC 320 · [2001] SUPP. 1 S.C.R. 37
- Case number
- CRIMINAL APPEAL No. 471/1998
- Decided
- 26 July 2001
- Bench
- K.T. THOMAS, R.P. SETHI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34; CrPC Section 172, 161; Evidence Act Section 145, 157
Headnote
B Evidence Act, 1872 : Section 145-Previous statements in writing-Cross-examination as to-­ Entries in Case Diary-Contradicting a police officer-Manner in which it is C to be done-Held, Author of the entries to be given an opportunity to explain the contradiction after drawing his attention to of-Contradiction­ Failure by public prosecutor to explain-Power of court under-Held, Court cannot use power under S.172 to explain the contradiction. D Case Diary-Scope and ambit of-Held, Entries in such diaries cannot E be used as evidence and ure only meant to aid the court
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