Published on: February 14, 2024 at 16:25 IST
Court: Supreme Court of India
Citation: Sunder Lal V. State of U.P. (2024)
Honourable Supreme Court of India has held that the Accused can call upon the Prosecution Witness who are not examined or discharged by the Prosecution as Defence Witness. It is pertinent to note that the Prosecution would have right to cross-examine the said Defence Witness who were earlier Prosecution Witness.
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.
Drafted By Abhijit Mishra