which it is not possible to give an objectively correct legal answer. It is not a mere legalistic problem which can be answered definitively ... problem which raises profound social and moral issues and the answer must therefore necessarily depend on the judicial philosophy of the Judge, This would
which lays down that:
A witness shall not be excused from answering any question as to any matter relevant to the matter in issue ... civil or criminal proceedings, upon the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness
Rape of
'X'”, we are now concluding it after answering to the
points raised by Mr.A.Raghunathan relating to the
seizure ... voluntarily giving
confession statement. The questions were asked in
Tamil and the answers were also recorded in Tamil by
the learned Judicial Magistrate. 17 questions
alleged offence. The Rules incorporated in the form of questions and answers have been reproduced in Archbold's Criminal Pleading, Evidence and Practice (42nd ... that the confession of the accused, if it is accepted, and the answers given by him in examination under Section 342 of the Code clearly
question -
Crl.A.No.1075/2017 & Ors. Page 3 of 42
answer from nor signed by the deponent was held unacceptable.
Further reliance ... recording the statement and he himself had not
recorded it in question-answer form, in violation of rules of
caution applicable in Delhi. Further
trustworthy, the candid answer of the learned counsel for the
appellant was that the evidence of PW 4 has, notwithstanding her
cross-examination, remained unshaken ... since deceased) had gone to answer natures call, R.K.
came back to the house and told them that Hemlal Sah was hiding
witness is able
to understand the questions and able to give rational
answers thereof. The evidence of a child witness and
credibility thereof would depend ... toddler, her
mind remained un-agitated all along. She kept on
answering the questions though on several occasions, she
altered her answers, I must supplement
stations from Mozufferpore to Mokameh and Bankipore, and to arrest any one answering the descriptions. The next morning at about 8 a.m., the appellant ... with in that (a) every question put to the accused and every answer given by him were not recorded, (ft) it was recorded in English
accused shall not render himself liable to punishment if he gives false answer. Then comes Sub-section (4) which reads:
313. (4) The answers given ... other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.
Thus the answers given
trustworthy, the candid answer of the learned counsel for the
appellant was that the evidence of PW 4 has, notwithstanding her
cross-examination, remained unshaken ... since deceased) had gone to answer natures call, R.K.
came back to the house and told them that Hemlal Sah was hiding
