KOVURU SUBBAYYA Vs. PETA VEERAYA

JUDGEMENT

(1.) The point raised in this revision case is whether on behalf of the accused in an assault case the complainantcan be cross-examined by confronting him with a statement which the complainant made to the police when they were investigating a theft case, a case different from the case of assault. (This case of assault was not under investigation by the police.)

(2.) A statement made to the police is as good evidence as a statement made to any other person save for certain exceptions to be found in the Evidence Act and in the Code of Criminal Procedure.

(3.) In Section 162, Criminal Procedure Code, it is laid down that a statement made to the police in the course of an investigation of an offence cannot be used as evidence at any trial in respect of that offence, with the proviso that such a statement may be used by the accused to contradict a prosecution witness.