Supreme Court · 2010 INSC 671 · Decided 5 October 2010
State of Maharashtra v. Abu Salem Abdul Kayyam Ansari and ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 671 · [2010] 12 S.C.R. 204
- Case number
- CRIMINAL APPEAL No. 1925/2008
- Decided
- 5 October 2010
- Bench
- P. SATHASIVAM, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 307, 308, 306; Evidence Act Section 114; Constitution Article 20(3)
Headnote
12 S.C.R. 204 STATE OF MAHARASHTRA v. ABU SALEM ABDUL KAYYAM ANSARI AND ORS. (Criminal Appeal No. 1925 of 2008) OCTOBER 5, 2010 [P. SATHASIVAM AND R.M. LODHA, JJ.) Code of Criminal Procedurt:., 1973: ss. 306 to 309 - C Forfeiture of pardon granted to an accomplice - Right of co­ accused to then permission cannot be granted to co- D accused to cross-examine such accomplice - On forfeiture or withdrawal of pardon, the accomplice-approver is relegated to the position of accused and does not remain a hostile witness and he is liable to be tried separately - Constitution of India, 1950
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