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august 1989

Supreme Court of India · 1989-08-08

MIR MOHD. OMAR & ORS. vs STATE OF WEST BENGAL

Citation / case number
SC 1989/72444
Court
Supreme Court of India
Petitioner
MIR MOHD. OMAR & ORS.
Respondent
STATE OF WEST BENGAL
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court held that Section 278 of the Code of Criminal Procedure, 1973, aims to ensure the accuracy of recorded evidence and allows witnesses to point out mistakes, but does not permit them to resile from their statements. The Court found that the Trial Court correctly refused to make substantive changes to a witness's deposition based on an unsigned correction slip. Additionally, the Court clarified that under Section 313, the Trial Court is not required to consult with counsel regarding the examination of the accused, but the prosecution may highlight any incriminating circumstances not addressed during the examination.

MIR MOHD. OMAR & ORS. vs STATE OF WEST BENGAL · Niyam