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Issues Involved:
1. Interpretation of Section 162 of the Code of Criminal Procedure. 2. The admissibility of omissions as contradictions under Section 162. 3. The right of the accused to cross-examine witnesses based on their statements to the police. 4. The legality of the trial judge's decision to disallow certain questions during cross-examination. 5. The impact of alleged procedural errors on the fairness of the trial. Detailed Analysis: 1. Interpretation of Section 162 of the Code of Criminal Procedure: The judgment discusses the historical evolution of Section 162, highlighting its primary objective to protect accused persons from prejudicial statements made to police officers during investigations. The section imposes a general bar against the use of such statements at trial, with a limited exception allowing the accused to use the statements to contradict a witness in the manner provided by Section 145 of the Indian Evidence Act. The court emphasizes that the section was intended to protect the accused by excluding statements made under potentially unreliable circumstances from being used as evidence. 2. The Admissibility of Omissions as Contradictions: The court addresses the issue of whether omissions in a witness's statement to the police can be used as contradictions. It concludes that omissions can only be considered contradictions if they are necessarily implied by what is expressly stated, or if there is inherent repugnancy between the statement made in court and the statement made to the police. The court provides examples to illustrate when omissions can be deemed part of the recorded statement by necessary implication. 3. The Right of the Accused to Cross-Examine Witnesses Based on Their Statements to the Police: The court discusses the scope of cross-examination allowed under Section 162, concluding that the accused has the right to cross-examine witnesses to establish contradictions between their statements to the police and their testimony in court. The court clarifies that this right is limited to bringing out contradictions and does not extend to eliciting new statements from the witness. 4. The Legality of the Trial Judge's Decision to Disallow Certain Questions During Cross-Examination: The trial judge disallowed two questions put to a witness (P.W. 30) regarding omissions in his statement to the police. The court finds that the trial judge's decision was based on the nature of the omissions and was not a general ruling against all omissions. The court holds that the accused failed to demonstrate that the trial judge's decision prevented them from putting other relevant omissions to the witnesses. 5. The Impact of Alleged Procedural Errors on the Fairness of the Trial: The court examines whether the disallowance of the two questions during cross-examination prejudiced the accused. It concludes that the alleged omissions did not satisfy the test for material contradictions and, therefore, their exclusion did not affect the fairness of the trial. The court also addresses the argument that the High Court erred in testing the veracity of the witnesses with reference to the first information report, finding that the High Court's approach was justified and did not prejudice the accused. Separate Judgment by Hidayatullah, J.: Hidayatullah, J., concurs with the dismissal of the appeal but provides a separate analysis. He emphasizes that the accused's right to cross-examine witnesses under Section 162 includes the right to establish contradictions through cross-examination. He argues that the trial judge's decision to disallow the two questions was not improper, as the questions were defective in form. He also highlights that the High Court's decision to disregard the two circumstances related to the recognition of the accused was justified based on the overall evidence. Conclusion: The appeal is dismissed, with the court affirming the interpretation of Section 162 of the Code of Criminal Procedure and the limited scope of cross-examination allowed under it. The court finds no procedural errors that prejudiced the accused, and the trial and High Court's decisions are upheld.
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