Tuesday 9 August 2022

Under which circumstances accused can examine prosecution witness as defence witness?

 The situation in a case where the prosecution cited two categories of witnesses to the occurrence, one consisting of persons closely related to the victim and the other consisting of witnesses who have no such relation, the Public Prosecutors duty to the court may require him to produce witnesses from the latter category also subject to his discretion to limit to one or two among them. But if the Public Prosecutor got reliable information that any one among that category would not support the prosecution version he is free to state in court about that fact and skip that witness being examined as a prosecution witness. It is open to the defence to cite him and examine him as defence witness. The decision in this regard has to be taken by the Public Prosecutor in a fair manner. He can interview the witness before hand to enable him to know well in advance the stand which that particular person would be adopting when examined as a witness in court.

Supreme Court of India
Hukam Singh And Ors vs State Of Rajasthan on 14 September, 2000
Author: Thomas

Bench: K.T. Thomas, J., R.P. Sethi, J.
Read full Judgment here: Click here
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