Supreme Court of India · 1974-01-10
RAGHUNANDAN vs STATE OF U.P.
- Citation / case number
- SC 1973/60307
- Court
- Supreme Court of India
- Petitioner
- RAGHUNANDAN
- Respondent
- STATE OF U.P.
- Bench
- BEG, M. HAMEEDULLAH
Judgment text excerpt
The Supreme Court clarified that Section 162 of the Criminal Procedure Code (Cr. P.C.) does not restrict the court's power under Section 165 of the Evidence Act to question witnesses, emphasizing that the prohibition in Section 162 is aimed at preventing unfair use by the prosecution. The Court held that the trial court erred by not confronting a key witness with their prior statement to the police, which could have influenced the appraisal of evidence. The judgment reinforces the need for courts to utilize their powers judiciously to ensure justice is served.