Delhi APO 2005

A is indicted for the murder of B. C says that B when dying, declared that A had given B the wound of which B died. Evidence is offered to show that, on a previous occasion, C said that the wound was not given by A. Which one of the following is correct? The evidence is (A) prohibited under section 52 of the Indian Evidence Act (B) admissible under section 154 of the Indian Evidence Act (C) admissible under section 153 of the Indian Evidence Act (D) admissible under section 155 of the Indian Evidence Act

Verified Answer
A. prohibited under section 52 of the Indian Evidence Act
B. admissible under section 154 of the Indian Evidence Act
C. admissible under section 153 of the Indian Evidence Act
D. admissible under section 155 of the Indian Evidence Act

Explanation:

The evidence offered to show that C made a previous inconsistent statement (that the wound was not given by A) is admissible under Section 155(3) of the Indian Evidence Act to impeach the credit of witness C.