Evidence -- Testimony in Trial of Absconding Accused -- Admissible only where formal order under S.299 CrPC records jurisdictional facts
Criminal Procedure Code, 1973, S.299 -- Evidence -- Testimony in Trial of Absconding Accused -- Testimony of a witness recorded in trial against a co-accused cannot be used against an absconding accused in a subsequent trial unless a formal order under Section 299 records that the accused was absconding and that there was no immediate prospect of his arrest. Both jurisdictional facts must be proved to the satisfaction of the court before such testimony can be relied upon at a later stage, when the presence of that witness cannot be procured.
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