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december 1988

Supreme Court of India · 1988-12-15

STATE (DELHI ADMN.) vs JAGJIT SINGH

Citation / case number
SC 1988/70794
Court
Supreme Court of India
Petitioner
STATE (DELHI ADMN.)
Respondent
JAGJIT SINGH
Author
B.C. RAY
Bench
B.C. RAY

Judgment text excerpt

The Supreme Court held that under Section 306 of the Criminal Procedure Code, 1973, a person granted pardon must be examined as a witness in both the Committing Court and the trial court, regardless of any subsequent retraction of their statement. The Court clarified that the approver cannot withdraw from the pardon until they have been examined, emphasizing that once granted pardon, the individual ceases to be an accused and becomes a prosecution witness. The appeal was allowed, reinstating the requirement for the respondent to be examined as a witness despite their resiling from earlier statements.

STATE (DELHI ADMN.) vs JAGJIT SINGH · Niyam