Exercise Of Power U/S 319 CrPC: “Primacy To Be Given To Evidence Recorded During Trial Over Material Collected During Investigation”: Allahabad HC

The Allahabad High Court observed that for the purpose of the exercise of power under Section 319 of the CrPC, the evidence recorded by the court during trial is to be accorded primacy over the material collected during investigation. Observing thus, the Bench of Justice Yogendra Kumar Srivastava said: “The contention which has been sought to be raised placing reliance upon the material collected by the investigating officer during the course of investigation, for the purpose of exercise of powers under Section 319 of the Code, thus cannot be accepted.”