This criminal appeal concerns whether an accused person has the right to cross-examine an accomplice who was tendered as a prosecution witness but whose pardon was later withdrawn. The accomplice (respondent no. 3) was granted pardon on condition of making full disclosure regarding the conspiracy to murder Pradeep Jain, but later refused to disclose details of the conspiracy during his examination. Based on a certificate from the Public Prosecutor, the court withdrew the pardon and the accomplice was no longer a witness but an accused person again. The Supreme Court held that once pardon is withdrawn, the defense cannot cross-examine that person as he reverts to being an accused.
This criminal appeal concerns whether an accused person has the right to cross-examine an accomplice who was tendered as a prosecution witness but whose pardon was later withdrawn. The accomplice (respondent no. 3) was granted pardon on condition of making full disclosure regarding the conspiracy to murder Pradeep Jain, but later refused to disclose details of the conspiracy during his examination. Based on a certificate from the Public Prosecutor, the court withdrew the pardon and the accomplice was no longer a witness but an accused person again. The Supreme Court held that once pardon is withdrawn, the defense cannot cross-examine that person as he reverts to being an accused.
This criminal appeal concerns whether an accused person has the right to cross-examine an accomplice who was tendered as a prosecution witness but whose pardon was later withdrawn. The accomplice (respondent no. 3) was granted pardon on condition of making full disclosure regarding the conspiracy to murder Pradeep Jain, but later refused to disclose details of the conspiracy during his examination. Based on a certificate from the Public Prosecutor, the court withdrew the pardon and the accomplice was no longer a witness but an accused person again. The Supreme Court held that once pardon is withdrawn, the defense cannot cross-examine that person as he reverts to being an accused.