S.306 & 307Cr.P.C.
Rahul Singh
(Querist) 02 December 2009
This query is : Resolved
To become an approver,the co-accused files app.in the TRIAL COURT,the app. is allowed.Whether such an order is legally correct & to what extent ? No approval statement have been taken by the I.O.or app. moved by the co-accused in the commital court for becoming an approver.How the other co-accused can cross examine the evidence of the approver in such a situation?Is there a legal lacuna?
Raj Kumar Makkad
(Expert) 02 December 2009
This procedure is not correct. If such co-accused is allowed to be an approver by the trial court then definitely the remaining accused have got every legal right to cross-examine such approver when he comes in the witness box, however, this order shall be an illegal and this can be got challenged before the appellate court.
deepak kumar
(Expert) 03 December 2009
in my humble opinion the order is correct. section 307 lays down specifically that a trial court may tender pardon before judgement is delivered.
the procedure to be adopted is to examine the approver and give chance to all the accused to cross examine him.
