Case Note & Summary
The case involved an appeal by the Central Bureau of Investigation (CBI) against a decision of the Designated Court in Bombay regarding the use of evidence from a prior trial against Abu Salem Ansari, who was an absconding accused. The first respondent had been extradited to India after being arrested in a foreign country and was not present during the earlier trial. The prosecution sought to rely on the evidence recorded in that trial. The Designated Court ruled that the prosecution could use this evidence only if it could establish the conditions set out in Section 299 of the Code of Criminal Procedure, 1973. The Supreme Court, upon hearing the arguments, upheld this ruling, emphasizing that the prosecution must demonstrate the existence of conditions precedent as specified in Section 299(1) before relying on the earlier evidence. The court clarified that if the deponent from the previous trial is dead, incapable of giving evidence, or cannot be found, then the prosecution could rely on the earlier evidence. The appeal was disposed of with these clarifications.
Headnote
A) Criminal Procedure - Evidence in Absence of Accused - Conditions for Reliance on Prior Evidence - Code of Criminal Procedure, 1973, Section 299 - The court clarified that reliance on evidence from an earlier trial against an absconding accused is permissible only if conditions under Section 299(1) are satisfied, necessitating fresh examination of witnesses unless certain exceptions apply. Held that the prosecution must establish the conditions precedent for using prior evidence (Paras 2-3).
Issue of Consideration
Whether the prosecution could rely on evidence recorded in an earlier trial against an absconding accused under Section 299 of the Code of Criminal Procedure, 1973.
Final Decision
The Supreme Court upheld the Designated Court's ruling, allowing the prosecution to rely on earlier evidence only if the conditions under Section 299(1) were satisfied.
Law Points
- Reliance on prior evidence
- absconding accused
- conditions precedent
- TADA Act
- Code of Criminal Procedure
- 1973
