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1961 (3) TMI 89 - SC - Indian LawsWhether the evidence given by a Magistrate on the basis of the verification proceedings conducted by him is relevant evidence' though he could not speak of statements made by the accused or a witness recorded by him in contravention of s. 164 of the Code of Criminal Procedure? Held that:- The evidence of the Magistrate, excluding that part pertaining to the statements made to him by Suraj Bhan, was relevant evidence in the case. The High Court considered, and in our view rightly that there was no reason to disbelieve the evidence of Suraj Bhan when he identified Deep Chand at the time of abduction. Suraj Bhan knew the accused before and he also knew his stature and voice. Suraj Bhan was in the company of Deep Chand from the time of his abduction till he was finally released. When Suraj Bhan, in the circumstances, stated that he identified Deep Chand, there is no valid reason to reject his evidence. In the circumstances, the High Court was quite justified in setting aside the order of acquittal under s. 458, Indian Penal Code, and convicting him for the offence under s. 452 there of. The Sessions Judge held that the accused was guilty of a grave and heinous crime and we are surprised that he should have sentenced the accused to undergo rigorous imprisonment for one year under s. 347, 2 years under s. 365 and 3 1/2 years under s. 386, Indian Penal Code, and direct the sentences to run concurrently. When the Sessions Judge gave such a disproportionately lenient sentences, it was the duty of the High Court to rectify such an obvious error. In our view, the learned Judges of the High Court rightly enhanced the sentence imposed on the appellant. Appeal dismissed.
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