LAW OF EVIDENCE 651
engaged in the same offence, were used against him. The witnesses instead of being examined in the ordinary way, were re-sworn and said “I gave evidence before in this Court and that evidence is true”.
Held that this evidence was inadmissible. It was only corroborative evidence and could be used only when substantive Evidence is given. If substantive Evidence is not given, then corroborative evidence cannot be given.
12 W. R. Cr. 3.
Similarly —If a panch does not identify the accused, the Panchanama of identification as corroborative evidence could be inadmissible.
In this connection there arises the question of giving corroborative evidence of a person who cannot be called to give substantive evidence by reason of the fact that the witness is dead or who cannot be found or who has become incapable of giving evidence or whose attendance cannot be procured without an amount of delay or expense, which under the circumstances the Court thinks unreasonable.
Section 158 permits corroborative evidence being given although no substantive evidence is tendered. This is an exception to the general rule. That exception applies only if the witness cannot be procured.
This is an exception created by Statute. Another exception created by Statute is contained in Section 288 of the Criminal Procedure Code. By that Section, evidence before the committing Magistrate is treated as evidence before the Sessions Court for all purposes i.e. substantive Evidence of all facts deposed therein.
§ 3/2 § Rules regarding the contradiction of a witness
1. This is a matter which must necessarily be governed by two considerations :
(i) The object of inquiry by the Court is to get at the truth and therefore contradiction must be permitted.
(ii) If contradiction is permitted, the inquiry will be endless and therefore there must be some limit on the process of contradiction.