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16. Section 280 of the Code of Criminal Procedure, 1973 dealing with remarks respecting demeanour of witness corresponds to Section 363 of 1898 Code.

Section 280 Cr.P.C. reads as hereunder:-

"280. Remarks respecting demeanour of witness:- When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination."

The object of the provision is to give the Appellate Court some aid in estimating the value of evidence.

17. In Ganeshbhai Shankarbhai v. State of Gujarat, at paragraph 6, the Apex Court observed that:

"No doubt the omission to record remarks respecting the demeanour of the witness as provided in S. 363 Cr. P. C. by the trial Judge either during or at the close of the examination of the witness does not mean that the recording of the remarks about the demeanour by him later in the judgment is not to be taken into consideration. The remarks made in the judgment will be given due weight by the Appellate Court in the appraisal of the witness."

18. A Division Bench of Gujarat High Court in Koli Nana Bhana v. State of Gujarat, 1986 Crl.L.J.571 while dealing with remarks as regard demeanour of witness held that:

"The trial Court while recording the evidence of two minor witnesses made a note at the top of the deposition of each of the two witnesses that on making necessary inquiry, he was satisfied that those two witnesses understood the sanctity of oath. The trial Judge has not kept any record as to what inquiry he made in this regard. He has not kept any record as to what questions he put to the witnesses and what replies were given by the witnesses during that inquiry and what further inquiry, if any, he made in that regard. It was necessary for the trial Judge to have kept a record of this inquiry qua each minor witness and should have recorded reasons in brief so as to enable the appellate Court to know as to how the trial Judge came to the conclusion that the two witnesses understood the sanctity of oath. When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination. The provisions of Section 280 thus show that the remarks have to be made at the foot of the deposition of each witness and not in the judgment, as done by the trial Judge."

In view of the fact that the trial Judge would have the advantage of observing the demeanour of witness and recording demeanour of the witness while recording the evidence of such witness always would be suggestible since in certain matters the same Judicial officer, who records the evidence may not be able to dispose of the matter finally in all cases. In such matters, if the remarks relating to the demeanour of witness, if not recorded, these essentials may be lost sight of while giving final verdict and on the other hand, if such remarks of demeanour are recorded, the same may be the guiding factor for the subsequent Officer or even to the Appellate Court or the Revisional Court as the case may be. Hence, the demeanour observed by the learned trial Judge and the findings recorded by the learned Judge in this regard, may have to be given due weight by the Appellate Court.