RAMPYARE RAMSHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The question that has been referred for decision to this full bench is the following:

(2.) The examination of the accused if any recorded by or before the committing Magistrate shall be tendered by the prosecutor and read as evidence.

(3.) This section makes it obligatory upon the prosecutor to tender the examination of the accused if any which has been recorded by or before a committing Magistrate and the same is required to be read as evidence. We will next have to consider the provisions of the Code of Criminal Procedure 1898 relating to the examination of the accused by or before a committing Magistrate. Reference in this connection may be made to the provisions of sec. 207A(6) and sec. 342 of the Criminal Procedure Code. Sec. 207A(6) provides as under: