Witness's statement relevant if his name not in witness list
If a witness is not present in a witness list and not even involved in investigation process by investigating officer, will his statement be counted before making a judgement? Please refer case laws if possible. Thanks.!
Sir, this is allowed under Section 311 of the Code of Criminal Procedure. This section explicitly mentions that a judge can summon any person to take evidence even though he may not be listed for the delivery of justice. This proposition has been elaborated upon by the Hon’ble Apex Court in the landmark judgment of Zahira Habibullah Sheikh & Anr, better known as the Best Bakery Case.
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