EMPEROR Vs. ZAWAR RAHMAN

JUDGEMENT

(1.) This reference has been made in consequence of the judgment in Empress V/s. Haran Chunder Mitter (1880) 6 C.L.R. 390, the learned Judge who is holding the Sessions having reason to differ from the opinion expressed in that ease." I may state at once that we learn under the authority of the reporter of that case, who is now a member of this Bench, that Mr. Justice Wilson, whose opinion is there reported, doubted the correctness of that report or expressed his opinion that it was had in law: and so far as our experience goes, we are not aware that that case has ever been followed in this Court, and it is not certainly followed in any reported case.

(2.) On the point referred to us, I am of opinion that the course taken by the learned Counsel for the accused, in this case, was not correct. He was not competent to tender the entire record, of the proceedings of the Magistrate's Court, for the purpose of laying before the Jury any statements which might be contained therein as he thought proper. Unless the attention of a witness is expressly directed to any particular statement previously, made by him, by reading it to him or allowing him to read it from the original deposition or an authenticated copy of it, any previous statement cannot be admitted in evidence in contradiction as to the statement that he has subsequently made. And in admitting any statement shown to be in contradiction to a statement made at a trial, that statement alone should be put in evidence and not the entire deposition. To allow any other course would not be fair to the witness and would represent him as having made a contradictory statement or statements which he might have possibly been able to explain if he had had a, proper opportunity. Our answer is in the negative. Hill, J.

(3.) I am of the same opinion. It appears to me that there can be no serious doubt as to the proper practice to be followed in a case such as that which has been referred to us, and, it has, I think, been accurately stated by my brother Harington in his referring order. I would therefore answer question submitted to us in the negative. Harington, J.