Whether Statement of victim recorded U/S 164 of crpc can be read in evidence as per S 33 of Indian evidence Act?

For the application of Section 33 Indian Evidence Act, it is mandatory that the adversary must have the right and opportunity to cross-examine the witness, but at the time of recording statement u/s 164, Cr.P.C, there vests no right or opportunity with the adversary to cross-examine the witness. Hence, Section 33 of Indian Evidence Act is not applicable in the case at hand meaning thereby that we cannot legally read the statement of victim recorded u/s 164,Cr.P.C on the strength of Section 33 of Indian Evidence Act at least. However, the statement of witness recorded u/s 164, Cr.P.C, itself bears a corroborative value.

Jharkhand High Court

Barju Sah vs State Of Jharkhand on 13 August, 2015

Read full judgment here ; click here

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