LALPRATAPSING SHIVSAHAYSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant was convicted under sections 447 and 332 I. P. Code by the J. M. F. C. Amreli. In appeal the learned Sessions Judge Amreli dismissed the appeal and confirmed the conviction and sentence. In revision it is urged that the appellate Court was wrong in considering Ex. 30 the cross complaint which the accused had given to the police and on the basis of that disbelieving the version of the accused.

(2.) The cross complaint is nothing but a former statement of his and can be used to corroborate or contradict the accused only ii the accused gives evidence in Court. This he has not done. The cross-complaint cannot therefore be used either to corroborate or to contradict the accused. The document can also go as an admission. But in this case however if the document contains an admission made by the accused it cannot be used by the accused in his favour in view of sec. 21 of the Evidence Act which reads as follows:

(3.) Admissions are relevant and may be proved as against the person who makes them or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest except in the following cases :-