TMI Blog1958 (11) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... the company. When the defalcation was discovered, certain conversations took place between Gopikisan, Modi and Santook who was consulted in this connection, and the appellant, between January 21 and 27, 1955. Santook prepared what are called notes of attendance of these conversations soon afterwards. In his evidence in court, Santook deposed to what has taken place between him and these persons on those dates. The notes of attendance marked Ex. V were also produced to corroborate the testimony of Santook. An objection was taken before the trial judge to the admissibility of these notes oil two grounds, namely (1) that they could not be admitted in evidence as ,copies had not been supplied to the accused under s. 173 of the Code of Criminal Procedure, and (2) that they could not be given in evidence under s. 157 of the Evidence Act (hereinafter called the Act) as corroboration of Santook's evidence. The trial judge negatived both these contentions and admitted the notes in evidence. He referred to them in his charge to the jury. Eventually, however, the jury returned a verdict of not guilty by a majority of 5 : 3. The trial judge thereupon made a reference to the High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ord English Dictionary is I written or oral communication'. There is no doubt that a statement may be made to someone in the sense of a communication. But that is not its primary meaning, Unless, therefore, there is something in s. 157 or in the other provisions of the Act, which compels us to depart from the primary meaning of the word 'statement', there is no reason to hold that communication to another person is of tile essence and there can be no statement within the meaning of s. 157 without such communication. The word 'statement' has been used in a number of sections of the Act in its primary meaning of 'something that is stated' and that meaning should be given to it under S. 157 also unless there i s, something that cuts down that meaning for the purpose of that section.. Words are generally used in the same sense throughout in a statute unless there is something repugnant in the context. The first group of sections in the Act in which the word I statement' occurs, are ss. 17 to 21, which deal with admissions. Section 17 defines the word I admission ss. 18 to 20 lay down what statements are admissions, and s. 21 deals with the proof of ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f contradicting him. Under this section a witness may be contradicted by statements in a diary kept by him, though there is no question of any communication of those statements to another person. Then comes s. 157, which we have already set out above. Here also the words used are ,statement made by'. We see no reason why the word 'statement' should not have been used in its primary meaning in this section also. There is nothing in the section which in any way requires that an element of communication to another person should be imported into the meaning of the word 'statement' used therein. It was urged that if we do not imply communication to another person in the meaning of the word 'statement' in this section, it would result in a witness corroborating himself by producing some writing made by him and kept secret and that this would be very dangerous. Now, a distinction must be made between admissibility of such a writing and the value to be attached to it. Section 157 makes previous statements even of this type admissible ; but what value should be attached to a corroboration of this nature is a different matter to be decided by the court in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an, other person. On a consideration, therefore, of the primary meaning of the word `statement' and the various sections of the Act we come to the conclusion that,% `statement' under s. 157 means only 'something that is stated' and the element of communication to 'another person is not necesssary before `something that is stated' becomes a statement under that sections In this view of the matter the notes of attendance Would be statements within the 'meaning of. 157 and would be admissible to corroborate S antook's evidence under s. 157. Let us now turn to the cases cited at the bar. In The, King v. Nga Myo (1), a Full Bench of the Rangoon High Court was considering questions relating to the nature of corroboration and the circumstances in which it' should be sought when a person is accused of a. crime and the evidence against him is partly or wholly that of an accomplice or accomplices. The point, therefore, which is' specifically raised before us was not before the Rangoon High Court. In passing, the learned Judges referred to s. 157 of the Act and stated that it was settled law that a person cannot corroborate himself. In making these o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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