Testimony/Deposition

Querist : Anonymous (Querist) 30 January 2011 This query is : Resolved
Could any expert shed light on:the difference between deposition and testimony in a criminal jurisprudence?Because in Hindi or Urdu parlance it is commonly called BAYAN or the STATEMENT.As for me DEPOSITION is the statement of PW under 161 CrPC to the police reduced into writing, whereas TESTIMONY is the statement of PW, under oath in the court written by the court official and which can be termed as EXAMINATION-IN-CHIEF.But when PW testifies contrary to DEPOSITION and PW is neither declared HOSTILE nor subjected to CROSS-EXAMINATION by prosecution and in turn becomes favorable to accused, can that be treated NON-ADMISSIBLE by the trial judge as being favorable to the accused? What can be the basis for NON-ADMISSIBLE by the trial judge?Can the judge build his own FANTASY?What would be the justification for NON-ADMISSIBILITY?

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