PROSECUTION WITNESS BECOMES DEFENCE WITNESS.
Guest
(Querist) 23 February 2010
This query is : Resolved
Facts---A prosecution witness name was in the list of witnesses. After all efforts he didn't appeared before court for evidence. Prosecution evidence closed.. Statement of accused has been taken under section 313 Cr.P.C.. In defence evidence that witness i.e. earlier prosecution witness, appeared before court as a defence witness.
querry----`. Whether the prosecution has the right to contradict from his previous statements which were taken under section 161 Cr.P.C.?
thanks.
Raj Kumar Makkad
(Expert) 23 February 2010
This situation shall provide dual benefit to the prosecution and his statement can be controverted if such witness appears in defence evidence.
Guest
(Querist) 23 February 2010
but sir i am little bit confused as per law...... in section 162 Cr.P.c. i.e. second para of that section speaks as follows..
""Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of' his statement, if duly proved, may be used by the accused, and with the permission of' the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872) and when any part of' such statement is so used, any part thereof' may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination."
so the word used in above section that "when any witness is called for the prosecution" then the prosecution with the permission of' the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872
but in my querry the witness not called by prosecution... he called by defence....... so prosecution only have to right to cross examine him... but have no right to contradict from his previous statement taken in sec 161 Cr.PC.
sir. just want know that i m right or not... thats why i ask this querry to all learned experts. pls guide.
thanks
