Amendment status not verified — confirm the current text below against the official source.
Affidavit defective. - Where the affidavits of formal witnesses were filed at the trial by the prosecution were not objected to as being inadmissible for want of proper attestation and it was only at the appellate stage that an objection was raised to the attestation at the argument stage, and the learned judge keeping in view the facts and circumstances of the case allowed the prosecution to place on record duly attested affidavits of two constables; it was held that there was no ground to interfere with the order of the learned Sessions Judge. It has been authoritatively held in a number of cases that even though the evidence of formal nature can be led by way of affidavits but the same have to be properly and validly got attested. The attestation has to contain the certificate showing that either the deponent was personally known to the Magistrate who attested that affidavit or the person who identified the deponent was known to the magistrate. It has to be further clear from the attestation that it was the deponent who has made the affirmation in the presence of the magistrate. If these ingredients are missing then the same cannot be considered and the prosecution case must fail.