Emperor Vs. Jafar Raki

Emperor vs Jafar Raki

Type Court Judgment Court Kolkata Decided Mar 13, 1925

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Citation: sooperkanoon.com/885291
Court: Kolkata
Judge: Babington Newbould and; B.B. Ghose, JJ.
Decided On: Mar 13, 1925
Subject: Land Acquisition

Case Summary

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

Criminal Procedure Code (Act V of 1898), Sections 107, 117(2), 355, 860 - Security proceedings--Enquiry--Deposition of witness, whether must be read in presence of accused. -

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Emperor

Respondent

Jafar Raki

Legal References

Reported In: 89Ind.Cas.976

Excerpt

criminal procedure code (act v of 1898), sections 107, 117(2), 355, 860 - security proceedings--enquiry--deposition of witness, whether must be read in presence of accused. - 1. it does not appear to be necessary for the deposition to be read over to the witness in the presence of the accused in the cage of an inquiry under section 107 of the cr.p.c. under section 117(2) of the code such inquiry shall be made in the manner prescribed for conducting trials and recording evidence in summons cases. the manner prescribed for recording evidence in summons cases is to be found in section 355. section 360 is applicable to the evidence of witnesses taken under section 356 or 357, and is not applicable to a case in which the evidence is recorded under section 355.2. we make this ru]e absolute. we set aside the order of the sessions judge allowing the appeal, and direct that the appeal be re-heard on the merits.

Full Judgment

1. It does not appear to be necessary for the deposition to be read over to the witness in the presence of the accused in the cage of an inquiry under Section 107 of the Cr.P.C. Under Section 117(2) of the Code such inquiry shall be made in the manner prescribed for conducting trials and recording evidence in summons cases. The manner prescribed for recording evidence in summons cases is to be found in Section 355. Section 360 is applicable to the evidence of witnesses taken under Section 356 or 357, and is not applicable to a case in which the evidence is recorded under Section 355.

2. We make this Ru]e absolute. We set aside the order of the Sessions Judge allowing the appeal, and direct that the appeal be re-heard on the merits.

Same Parties Emperor vs Jafar Raki Same Subject Land Acquisition Same Judge Babington Newbould and; B.B. Ghose, JJ.

Land Acquisition