STATE (DELHI ADMN.) versus JAGJIT SINGH

The prosecution is mandated to examine an approver who has accepted a pardon as a witness in both the committal and trial courts, irrespective of whether he has resiled from his statement. Protection against self-incrimination is secured by Section 132 of the Indian Evidence Act, and there is no tenable apprehension that the evidence will be used against him in other cases.

Parties: Appellant: State (Delhi Administration); Respondent: Jagjit Singh
Jurisdiction: India
Judgment Date: 16 December 1988
Procedural Posture: Criminal Appeal / Appeal Against High Court Order
Outcome: Appeal allowed
Legal Topics: Tender of Pardon, Examination of Approver, Criminal Procedure, Protection of Witnesses

Criminal Law Tender of Pardon Examination of Approver Criminal Procedure Protection of Witnesses

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2

Parties

State (Delhi Administration)

Appellant

Jagjit Singh

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order

Legal Issues

1 Whether an approver who resiles from his statement can be absolved from examination as a witness
2 Whether the apprehension that evidence as approver will be used against him in other jointly tried cases is tenable

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

The judgment and order dated April 27, 1987 passed in Revision Petition No. 221 of 1986 is set aside
Prosecution is to examine the respondent as an approver in case F.I.R. No. 238 of 1985