The trial court while recording evidence in a case wherein the accused is in custody, records the evidence of witnesses without ensuring presence of the accused in the court, which of the following statement would be correct?

1
The judgment passed by trial court in such proceedings would be vitiated by virtue of Section 273 (1) of Cr.P.C.
2
The judgment passed by trial court in such proceedings would be saved by virtue of Section 460 of Cr.P.C.
3
The judgment passed by trial court in such proceedings would be saved by virtue of Section 465 of Cr.P.C.
4
The judgment passed by trial court in such proceedings would be saved by virtue of Section 317 of Cr.P.C.

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