This Court in Tahsildar Singh vs The State of U.P.(1) laid down the following test for ascertaining under what circumstances an alleged omission can be relied upon to contradict the positive evidence in court: ". . . (3) though a particular statement is not expressly recorded, a statement that can be deemed to be part of that expressly recorded can be used (1)[1959] Supp. 2 S.C.R. 875, 903. 370 for contradiction, not because it is an omission strictly so called but because it is deemed to form part of the recorded statement; (4) such a fiction is permissible by construction only in the following three cases: (i) when a recital is necessarily implied from the recital or recitals found in the statement . . ; (ii) a negative aspect of a positive when the statement before the police and that before the Court cannot stand together ".