Monday, October 14, 2019

Whether a witness who turned out to be an accused after evidence during trial can be summoned under section 319 Cr.P.C. to face the trial?


Answer is no, by virtue of proviso to section 132 Cr.P.C. such a person is protected from any kind of prosecution on his giving answers which incriminate him.  Supreme Court while deciding the appeal also observed that in the present case the person is examined without granting of pardon, the end of  justice would be met by granting the witness pardon by the session court under section 307 Cr.P.C.(R. Dineshkumar @ Deena versus State Rep. by Inspector of Police & Others Cri. Appeal. 454 OF 2015 decided on 16-03-2015)

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