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Can Statement of a Witness Used Against that Witness in any Other Trial

In State of Kerala v. Babu, (1999) 4 SCC 621 the Apex Court was confronted with the question as to whether the statement of a witness recorded under S.161 of Cr.P.C. in one particular crime could be used against that witness in any other trial enquiry or proceedings by the accused.

Statement recorded by an investigating officer in any case which was under investigation being a statement made under S. 161 of the Code, the same can be used for the limited purpose provided under S.162 of the Code read with S.145 of the Evidence Act.

There can be no quarrel with this approach in regard to the use of the previous statements of a witness made in the course of another investigation being used in the course of another criminal trial.

Article referred: http://www.lawkam.org/criminal/statement-witness-used-trial/11302/

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