Subramaniam Chettiar Vs. Thandava Chettiar and anr.

Subramaniam Chettiar vs Thandava Chettiar and anr.

Type Court Judgment Court Chennai Decided Aug 21, 1962

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Citation: sooperkanoon.com/809817
Court: Chennai High Court
Judge: Sadasivam, J.
Decided On: Aug 21, 1962
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Subramaniam Chettiar

Respondent

Thandava Chettiar and anr.

Legal References

Reported In: 1963CriLJ370; (1963)IMLJ10

Excerpt

- ordersadasivam, j.1. the statement of a person recorded under section 162 criminal procedure code cannot be used to contradict that person under section 145 of the indian evidence act when he is called as a defence witness. the proviso to section 162 of the criminal procedure code can be invoked only in the case of prosecution witnesses and not in the case of defence witnesses. the order of the lower court is correct. the criminal revision petition is therefore dismissed.

Full Judgment

ORDER

Sadasivam, J.

1. The statement of a person recorded under Section 162 Criminal Procedure Code cannot be used to contradict that person under Section 145 of the Indian Evidence Act when he is called as a defence witness. The proviso to Section 162 of the Criminal Procedure Code can be invoked only in the case of prosecution witnesses and not in the case of defence witnesses. The order of the lower Court is correct. The criminal revision petition is therefore dismissed.

Same Parties Subramaniam Chettiar vs Thandava Chettiar and anr. Same Subject Criminal Same Judge Sadasivam, J.

Criminal