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witness

(Querist) 22 December 2009 This query is : Resolved 
can a person whose statement has been recorded in the court and unfortunately he could cross examination him and opprtunity closed, after allowing the application under section 311 Cr.P.C the winess are recalled but they did not traced or left the given address, whether their statement can be used as substative evidence against the accused?
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Arvind Singh Chauhan (Expert) 22 December 2009
Sir I think No.
Raj Kumar Makkad (Expert) 22 December 2009
Yes. The statement already recorded is part of file/evidence and as such the same is duly admissible.
subhash kumar (Expert) 26 December 2009
yes, the statement recorded before the court is admissible .
Subhash Kumar. Adv.
Ajay Bansal (Expert) 26 December 2009
May be or may not be.

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