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Mar 30, 2013

"In a case where the magistrate has

"In a case where the magistrate has
to perform the duty of recording a statement under Section 164
Cr.P.C., he is under an obligation to elicit all information which the
witness wishes to disclose, as a witness who may be an illiterate,
rustic villager may not be aware of the purpose for which he has been
brought, and what he must disclose in his statements under Section 164
Cr.P.C. Hence, the magistrate should ask the witness explanatory
questions and obtain all possible information in relation to the said case." Hon'ble Supreme Court of India observed on 04.02.13 in R Shaji Vs State of Kerala


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