(Querist) 27 May 2013
This query is : Resolved
I along with six other are facing charge of 420, 467,468,471,120B and have been arrested and are out on Bail under 439 by High Court.I along with two other are witness and thrre are fradulent seller of a property.The other accused are delaying charge sheet/trial by their resources and I am not able to withstand the same as I am 63yrs.I am advised to become approver under 306. Please let me know the procedureof it , and(02) shall i get any benifit from it,.(03)Shall I only be convicted and others may be discharged?(04)where such trial shall be done?.(05) shall I be again arrested immediately on application made?. Please clarify
Dr V. Nageswara Rao
(Expert) 27 May 2013
1. Who advised to become approver, the police or your lawyer? 2. If it is the police, the tender of pardon would come from Magistrate on the condition that you will make full and true disclosure of what you know. 3. In such a case you may accept the pardon and you will, in effect, become a witness for the prosecution. 4. If you do not violate any of the conditions of tender of pardon and truthfully disclose what you know to the Court as a witness, nothing will happen to you and you will not be punished in any manner. 5. What will happen to the other accused depends on the evidence against them, including your testimony as an approver. 6. Generally, approver's evidence will be taken by the Courts with a pinch of salt unless he is fully corroborated by other evidence.
(Expert) 28 May 2013
You are properly advised by Dr. Rao.