Report No. 185
Section 156
Questions tending to corroborate evidence of relevant facts, admissible.
Section 156, it was stated in para 88.89 of the 69th Report, does not require any serious change except to add the words "fact in issue or" before the words 'relevant facts' in section 156.
Section 157
Former statement of witness may be proved to corroborate later testimony as to same fact.
We suggest adding an Explanation as follows:
"Explanation.- The statements made before any authority, legally competent to investigate the fact include statements made before a Judicial Magistrate in an identification parade and also statements made before such a Magistrate under section 164 of the Code of Criminal Procedure, 1973."
Section 157A (recommended in para 88.38 of the 69th report)
The following provision is recommended in para 88.38 of the 69th Report and we agree that such a provision on the lines of section 146 be inserted:
"157A. Establishing credit of witness by independent evidence,- Where the credit of a witness has been impeached by any party , the adverse party may, notwithstanding anything contained in section 153, in order to re-establish his credit, introduce independent evidence concerning his accuracy, credibility or veracity or to show who he is and his position in life."
So far as sub section (2) of the above new section 157A it was to the effect that "when a man is prosecuted for rape or an attempt to commit rape, it may be shown that the prosecutrix was of generally good character." We are of the view that such a provision may enable the accused to produce contrary evidence of her bad character. As we have reiterated in the 172nd Report that section 155(4) be deleted, we are not in favour of sub section (2) of section 157A as proposed.
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