JASDEEP KAUR CHADHA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) During the course of examination of a witness, the public prosecutor wanted to confront the witness with his previous statement. The said previous statement was subsequent to filing of the charge-sheet. On that ground the public prosecutor was not permitted to confront the witness with the said previous statement. Hence these appeals.

(3.) Learned counsel for the appellant submits that even in respect of a post charge-sheet statement, Sec. 145 of the Indian Evidence Act applies and a witness can be confronted with such statement. Learned counsel relies upon the judgment delivered by a Four-Judge Bench of this Court in Tara Singh Vs. The State, AIR 1951 SC 441 wherein it was observed: