should not be a mini trial. It is for the Trial Court to decide whether the application should be decided without waiting for the cross- examination to take place or to wait for it. The same would depend upon the satisfaction of the Trial Court on the basis of the material placed on record. 16. The five-Judges Bench in Hardeep Singh (supra) concluded the following: “89. We have given our thoughtful consideration to the diverse views expressed in the aforementioned cases. Once examination-in chief is conducted, the statement becomes part of the record. It is evidence as per law and in the true sense, for at best, it may be rebuttable. An evidence being rebutted or controverted becomes a matter of consideration, relevance and belief, which is the stage of 5 Page 56 judgment by the court. Yet it is evidence and it is material on the basis whereof the court can come to a prima facie opinion as to complicity SLP(Crl.) No.12292 of 2022 Page 10 of 14of some other person who may be connected