TMI Blog1985 (4) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... 85 in Sessions Case No. 17 of 1984. The order is dated 19-3-1985 and the purport of the order is to permit the prosecution to examine the investigating officer again to prove the alleged confessional statement which led to the recovery of some material object. 2. Section 27 of the Evidence Act is a provision which is often complained of being misused for the purpose of creating evidence otherwi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... check against manipulations at the hands of dishonest investigators and further to ensure correctness of the informations it is necessary that such informations which are called disclosure statements should be recorded in first person as and when made. The recovery mahazars or other relevant records must contain such statements to the extent necessary in first person and they will have to be made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... examined indicates that its late production and proof will prejudice the accused in his defence, 5. Under Section 311 of the Code the Court is, having the power to recall and re-examine any witness. But that could be only when the Court is satisfied that it is essential for the just decision of the case. Recalling and re-examining a witness like the investigating officer for production and proo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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