http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 13
PETITIONER: RAO SHIV RAHADUR SINGH AND ANOTHER
Vs.
RESPONDENT: THE STATE OF VINDHYA PRADESH.
DATE OF JUDGMENT: 05/03/1954
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. JAGANNADHADAS, B. AIYYAR, T.L. VENKATARAMA
CITATION: 1954 AIR 322 1954 SCR 1038 CITATOR INFO : R 1955 SC 104 (20) F 1956 SC 476 (11) R 1956 SC 643 (37) R 1958 SC 500 (6,7,9,10,11,12,13,15) D 1960 SC 961 (5) R 1961 SC 715 (7) F 1964 SC 358 (13) R 1968 SC1323 (7) E 1973 SC 28 (15) RF 1974 SC1516 (9) R 1975 SC 915 (25) R 1975 SC1320 (5) R 1979 SC 400 (9)
ACT: Code of Criminal Procedure (Act V of 1898), s.164- Magistrate not recording statement of accused as required by the section-Whether competent to give oral evidence of such statement-Disapproval of the action of Police in6 entrapping the accused and providing the bribe-giver the instruments of offence.
HEADNOTE: After the investigation into an offence has been started on the registration of the First Information Report by the Police, no statement made by the -accused to the Magiarate can be proved unless the statement has been recorded in accordance with the provisions of s. 164 of the Code of Criminal Procedure and therefore, if the non-confessional statement has not been recorded by th...