Nathu Manchhu vs The State Of Gujarat on 15 April, 1977
In this context we rely on the case
of Nathu Manchhu Vs. State of Gujarat, reported in 1978
Cr.L.J. 448, which was the judgment delivered by the full Bench
of Gujarat High Court. It was observed in that case that though
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the evidence of a witness, whose earlier police statement was
read over to him before he stepped into the witness box, does
not become inadmissible, but the probative value of the
evidence of this witness is definitely affected. In the present
case, we find that this evidence of P.W.2 is greatly affected by
the fact that his police statement was read over to him before his
deposition. He has also admitted during deposition that he was
completely dependent on P.W.1 and therefore the possibility of
tutoring is too strong to be ruled out. In such circumstances, we
do not find it safe to rely on his evidence.