Section 278 of CrPC : Section 278: Procedure in regard to such evidence when completed.
CrPC
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Explanation using Example
Example 1:
Scenario: A theft case is being tried in a court in Mumbai. The prosecution calls a shopkeeper, Mr. Sharma, as a witness to testify that he saw the accused, Raj, stealing goods from his shop.
- Witness Testimony: Mr. Sharma gives his testimony in Hindi, stating that he saw Raj stealing goods from his shop on the night of the incident.
- Reading Evidence: After Mr. Sharma finishes his testimony, the court stenographer reads back the recorded testimony to Mr. Sharma in Hindi, in the presence of Raj and his lawyer.
- Correction: Mr. Sharma notices that the stenographer recorded the time of the incident incorrectly. He points out that the theft occurred at 10 PM, not 11 PM as recorded.
- Memorandum of Objection: The Magistrate notes Mr. Sharma's objection and corrects the time in the record. If the Magistrate decides not to correct it, he will make a memorandum of Mr. Sharma's objection and add his own remarks on the matter.
- Language Interpretation: If Mr. Sharma had given his testimony in Marathi and the record was in English, the court would ensure that the record is interpreted back to Mr. Sharma in Marathi to confirm its accuracy.
Example 2:
Scenario: A domestic violence case is being heard in a court in Ahmedabad, Gujarat. The victim, Mrs. Patel, testifies via Electronic Video Linkage from her home due to health issues.
- Witness Testimony: Mrs. Patel gives her testimony in Gujarati, describing the abuse she suffered at the hands of her husband.
- Electronic Record: The testimony is recorded electronically as per the provisions of the Gujarat State Amendment.
- Reading Evidence: The electronic record of Mrs. Patel's testimony is played back to her in Gujarati to ensure accuracy, even though she is not physically present in the courtroom.
- Correction: Mrs. Patel points out that a specific date mentioned in her testimony was recorded incorrectly. The court official makes the necessary correction in the electronic record.
- Memorandum of Objection: If Mrs. Patel disputes any part of the recorded testimony and the court decides not to correct it, the presiding Judge will make a memorandum of her objection and add his remarks.
- Language Interpretation: If the electronic record was in Hindi and Mrs. Patel only understands Gujarati, the court would ensure that the record is interpreted back to her in Gujarati.
These examples illustrate how Section 278 of The Code of Criminal Procedure, 1973, ensures the accuracy and fairness of witness testimonies in the presence of the accused or their legal representative, and how it adapts to modern technology and language barriers.