LI Network
Published on: February 8, 2024 at 12:28 IST
In a recent dowry death case, the Supreme Court has ruled that a witness cited by the prosecution can be examined by the defense if the prosecution discharges them without calling them to depose.
The bench, consisting of Justices MM Sundresh and SVN Bhatti, stated that since the prosecution chose to discharge the witness without having them testify, there is no legal impediment to examining the same witness as a defense witness.
The Court clarified that it remains open for the prosecution to cross-examine the witness, and the Trial Court should assess the evidentiary value of the witness’s statement.
The case involved the appellant, married to X, who allegedly died by suicide. The appellant was accused of harassing the deceased for dowry and cremating her body without informing her relatives.
During the trial, the deceased’s brother, Pradeep, listed as a prosecution witness, was discharged without being examined.
The appellant sought to summon Pradeep as a defense witness, but the Trial Court and the High Court rejected the request.
The Supreme Court, distinguishing the case from State of M.P. v. Badri Yadav, ruled in favor of the appellant, emphasizing that the bar under the law applies to witnesses examined by the prosecution, not those dropped without examination.
The appeal was allowed, and the High Court’s order, confirming the Trial Court’s decision, was set aside.
Case Title: Sunder Lal v. The State of Uttar Pradesh & Anr., SLP(Crl) No.10756/2023