Legal Question in Criminal Law in India
X is a witness in criminal trial. he had given 164 statement . trial is going to start he is no more i got two different opinions regarding the value of his 164 statement1) as the accused has no opportunity to crossexamine him the statement is not admissible 2) as per some high court judgements those portions favourable to the accused can be taken. what is the correct legal position?
Asked on 11/09/09, 9:40 pm
2 Answers from Attorneys
Seshadri Srinivasan
www.lawconcern.com
If a person making statement under section 164 dies, it still has evidence value and can be relied upon in corroboration with other facts for an order by the trial judge.
Answered on 11/09/09, 10:09 pm
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