SIRAJBHAI GULAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE conviction of the appellant under sec. 411 of the Indian Penal Code in this case is based mainly on a statement said to have been made by him and used in evidence under sec. 27 of the Indian Evidence Act. When the accused person makes a statement under sec. 21 of the Evidence Act and his statement is sought to be proved under sec. 27 of the Evidence Act it should be clearly and carefully recorded by the Police Officer concerned in the actual words of the accused in first person and it should not be paraphrased. If what the accused says is to be used in evidence his own words should be proved and not a paraphrase of those words by some other persons. THE same view has been taken in In re Athappa Goundan I. L. R. 1937 Madras (F. B.) 695 at p. 728. THE at same view has also been taken in Emperor v. Shivputraya A. I. R. 1930 Bombay 244. This has been done in the present case. THE conviction and sentence of the appellant are therefore set aside and the appeal is allowed.Appeal allowed.