MADARI SIKDAR Vs. EMPEROR

JUDGEMENT

(1.) This Rule raises the important question as to the stage at which an accused person is entitled to be furnished with a copy of the statements of the prosecution witnesses recorded by a Police Officer under the provisions of Section 161 of the Criminal Procedure Code. Section 162 is in these terms: No statement made by any parson to a Police Officer in the course of an investigation under this Chapter shall, if reduced into writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose (save as hereinafter provided) at any inquiry, or trial in respect of any offence under investigation at the time when such statement was made.

(2.) The first proviso is as follows: Provided that, when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, the Court shall, on the request of the accused, refer to such writing and direct that the accused be furnished with a copy thereof, in order that any part of such statement, if duly proved, may be used to contradict such witness in the manner provided by Section 145 of the Indian Evidence Act. When any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.

(3.) The second proviso is as follows: Provided further, that if the Court is of opinion that any part of such statement is not relevant to the subject-matter of the inquiry or trial or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interests, it shall record such opinion (but not the reasons therefor) and shall exclude such part from the copy of the statement furnished to the accused.