PW when confronted with her statement Exh.DA made before the Investigating Officer has categorically denied the same. Therefore, it was incumbent upon the defence side to prove the statement Exh.DA by producing the scribe i.e.

  the Investigating Officer who unfortunately could not appear in the witness-box (since died) during the course of trial. The only way to prove the statement Exh.DA was by asking the police officer in the witness-box whether the witness made such statement to him and whether the statement was scribed by him. In absence of any such statement, Exh.DA therefore is of no avail to the prosecution case. On account of denial of PW that she has never made the statement (Exh.DA) before the Investigating Officer and the same not duly proved by producing the I.O. (since died) it therefore has no worth at all to be considered in favour of the accused.

PLJ 2012 CrC 836