STATE OF MAHARASHTRA versus ABU SALEM ABDUL KAYYAM ANSARI AND ORS.

STATE OF MAHARASHTRA versus ABU SALEM ABDUL KAYYAM ANSARI AND ORS.

If pardon offered to an accomplice under Section 307 Cr.P.C. is subsequently forfeited on a Public Prosecutor's certificate under Section 308, the accomplice resumes the status of accused and cannot be cross-examined by co-accused as a witness; his evidence cannot be used against co-accused in the present trial, but may be used in a separate trial against him.

Parties
Appellant: State of Maharashtra; Respondent No. 1: Abu Salem Abdul Kayyum Ansari; Respondent No. 2: Mohd. Naeem Abdul Rahim Khan; Respondent No. 3: Riyaz Ahmed Siddique; Respondent No. 4: Mohd. Hassan Mehendi Hassan; Respondent No. 5: Virendrakumar Biharilal Jhamb
Jurisdiction
India
Judgment Date
05 October 2010
Procedural Posture
Criminal Appeal / Appeal From Order of Designated Court, Bombay Blast Cases, Greater Mumbai, in Special Case No. 1 of 2006
Outcome
Appeal allowed
Legal Topics
Tender of Pardon, Rights of Co Accused, Approver's Status, Withdrawal and Forfeiture of Pardon, Cross Examination, Evidence
Criminal Law Constitutional Law Tender of Pardon Rights of Co Accused Approver's Status Withdrawal and Forfeiture of Pardon Cross Examination Evidence

Case Brief

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Parties

State of Maharashtra

Appellant

Abu Salem Abdul Kayyum Ansari

Respondent No. 1

Mohd. Naeem Abdul Rahim Khan

Respondent No. 2

Riyaz Ahmed Siddique

Respondent No. 3

Mohd. Hassan Mehendi Hassan

Respondent No. 4

Virendrakumar Biharilal Jhamb

Respondent No. 5

Procedural Posture

Criminal Appeal / Appeal From Order of Designated Court, Bombay Blast Cases, Greater Mumbai, in Special Case No. 1 of 2006

Legal Issues

  1. 1 Whether a co-accused has the right to cross-examine an accomplice to whom pardon was tendered but later forfeited under a certificate of Section 308 Cr.P.C.
  2. 2 What is the status of evidence given by an accomplice-approver upon withdrawal/forfeiture of pardon?

Ratio Decidendi

If pardon offered to an accomplice under Section 307 Cr.P.C. is subsequently forfeited on a Public Prosecutor's certificate under Section 308, the accomplice resumes the status of accused and cannot be cross-examined by co-accused as a witness; his evidence cannot be used against co-accused in the present trial, but may be used in a separate trial against him.

Court Disposition

Appeal allowed

Orders

  • Designated Court order permitting defence (co-accused) to cross-examine respondent no. 3 as witness is set aside.
  • Respondent no. 3, upon forfeiture of pardon, is relegated to accused status and is not to be treated as a prosecution witness.