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Previous tape recorded statement of a witness can be used to

 

Previous Tape recorded statement of a witness can be used to contradict him

 
(1) A previous statement made by a person and recorded on tape, can be used not only to corroborate the evidence given by the witness in court but also to contradict his evidence given before the Court, as well as to test the veracity of the witness and also to impeach his impartiality. Apart from being used for corroboration, the evidence is admissible in respect of the other three matters under ss. 146(1), 153, Exception (2) and s. 155(3) of the Evidence Act. If a previous statement made by a person can be used to corroborate his evidence given before court, on principle, there is no reason why such previous statement cannot 'be used to contradict under s. 153, Exception 2 and also for the other purposes under ss. 146(1) and, 155(3).

Supreme Court of India
Shri N. Sri Rama Reddy Etc vs Shri V. V. Giri on 27 April, 1970
Equivalent citations: 1971 AIR 1162, 1971 SCR (1) 399


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