Sunday, 19 July 2020

Whether accused can contradict or discredit the complainant by confronting him with his verification U/S 200 of CRPC?

While taking cognizance of an offence, the Magistrate examines the complaint on oath and the witnesses present if any. Then, the Magistrate reduces to writing only "the substance of such examination". This substance aids the Magistrate to form a prima facie opinion about the case. In other words, it is to discover the truth or otherwise of the allegations made. It is for deciding the question purely from the complainant's viewpoint, with no reference to the possible defence. Thus, the procedure under Section 200 Cr.P.C. is non- adversarial And what is recorded is not the complainant's verbatim statement, only the substance or gist. Therefore, it is not a piece of substantial evidence to be used to contradict or discredit the complainant.
IN THE HIGH COURT OF BOMBAY

Criminal Appeal No. 657 of 2018

Decided On: 23.07.2019

 Doshi Brothers Vs.  The State of Maharashtra and Ors.

Hon'ble Judges/Coram:
Dama Seshadri Naidu, J.
Read full judgment here: Click here
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