Procedure

Querist : Anonymous (Querist) 18 April 2011 This query is : Resolved
Respected Experts'

In proceeding do Respondent can be called as prosecution witness. ???
Fact of the case is that person file a case against state and made one officer as respondent No 2. And in the proceeding the petitioner called respondent No.2 as witness No.1.is it allow in law??

If yes under which provision of law?? Pliz !! en-light in detail.

Thank's in advance

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Arvind Singh Chauhan (Expert) 18 April 2011
Any body may be called as witness if his name is listed in witness list. No provision required.

Querist : Anonymous (Querist) 18 April 2011
@ Arvindji
thank's for reply,
but my question is about the respondent being called as witness.
is it allow??

Srajadvo460 (Expert) 18 April 2011
Please refer section 133 of Indian Evidence Act. The section is extracted hereunder:

"An accomplice shall be competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice."

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