Please Log in / Register to access the full text of this judgment and the entire database
(2024) Law Today Live Doc. Id. 18912
Decided on: 02.02.2024
For Petitioner(s):
Mr. Divyesh Pratap Singh, AOR, Ms. Shivangi Singh, Adv., Mr. Amit Sangwan, Adv., Mr. Varun Singh, Adv., Mr. Anupam Chaudhary, Adv., Ms. Ranjana Singh, Adv., Ms. Sneha Chandna, Adv.
For Respondent(s):
Mr. Garvesh Kabra, AOR, Mr. Vikas Bansal, Adv., Mrs. Pooja Kabra, Adv., Mr. Mrs. Sujata Kabra, Adv.
Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 243 – Prosecution witness in defence -- Whether a witness which has been shown in the prosecution list but not examined on behalf of the prosecution, can be permitted to be examined as a defence witness – Held, there is no bar in the law for examining the said witness as defence witness – Appellant permitted to examine the prosecution witness as defence witness.
(Para 2-4)
ORDER
1. Leave granted.
2. The question which arises for consideration in this appeal is as to whether a witness which has been shown in the prosecution list but not examined on behalf of the prosecution, can be permitted to be examined as a defence witness.
3. In our considered view, both the Courts are wrong in declining the request of the appellant, as factually, the witness sought to be examined on the side of the defence has not been examined by the prosecution. In other words, the prosecution has consequentially chosen to discharge the said witness and, therefore, he has not been put in the witness box to depose on behalf of the prosecution.
4. In such view of the matter, there is no bar in the law for examining the said witness as defence witness. After all, it is for the Trial Court to consider the evidentiary value of the said witness while coming to its conclusion.
5. Accordingly, the impugned order passed by the High Court confirming the order passed by the Trial Court stands set aside.
6. Consequently, the appeal stands allowed. The appellant is permitted to examine the prosecution witness as defence witness. Needless to state that it is well open to the prosecution to cross-examine the said witness.
7. Pending application(s), if any, shall stand disposed of.
Appeal Allowed.
********