Unfortunately neither the learned First Class Magistrate nor the Police Prosecutor who conducted the prosecution cared to prove the opponent's admission contained in the panchama through the panch when he was being examined on behalf of the prosecution. The panchnama was bodily admitted into evidence and the panch was merely asked to identify the signature below it. This procedure is entirely illegal. A panchnama can never be treated as substantive evidence of the facts recorded therein. These facts have to be proved independently of the panchnama by the testimony on oath of the panch who had seen these facts and who was a party to the panchnama. The Panchnama is useful only to corroborate or contradict the panch witness or to refresh his memory.
Gujarat High Court
