ASHOK KUMAR versus STATE (DELHI ADMINISTRATION)

ASHOK KUMAR versus STATE (DELHI ADMINISTRATION)

There is no legal infirmity in transferring depositions of witnesses to the Sessions Court under section 288 CrPC; such evidence is legitimate and admissible as substantive evidence when provisions of section 145 Evidence Act are substantially complied with.

Parties
Appellant: Ashok Kumar; Respondent: State (Delhi Administration)
Jurisdiction
India
Judgment Date
07 March 1977
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Delhi High Court Judgment Dated 5 12 1975
Outcome
Appeal dismissed
Legal Topics
Admissibility of Evidence, Statements Under Section 288 Cr PC, Murder, Section 302/34 IPC
Criminal Law Admissibility of Evidence Statements Under Section 288 Cr PC Murder Section 302/34 IPC

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Parties

Ashok Kumar

Appellant

State (Delhi Administration)

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Delhi High Court Judgment Dated 5 12 1975

Legal Issues

  1. 1 Whether statements of witnesses recorded in the committing court and transferred under s. 288 CrPC are admissible as substantive evidence
  2. 2 Whether the provisions of s. 145 of the Evidence Act were complied with in this case

Ratio Decidendi

There is no legal infirmity in transferring depositions of witnesses to the Sessions Court under section 288 CrPC; such evidence is legitimate and admissible as substantive evidence when provisions of section 145 Evidence Act are substantially complied with.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence under section 302/34 IPC for life imprisonment confirmed