Criminal Procedure

Abhishek Dixit (Querist) 04 October 2017 This query is : Resolved
Hi,
There is an interesting situation.....
Bike owner and an other person was travelling by Motorcycle.......Unfortunately met an accident......Bike owner was a pillion rider and the other one was driving who has no Driving License...........Now.....Except d victim only Bike owner was only eye- witness........Police chargesheeted both......The Owner under M.V. Act for giving vehicle for ride to a person who has no Driving License and d Driver u/s. 279, 338 IPC and under M.V.Act for driving a vehicle without Driving License.............
The Query is........Whether an accused of a crime { the owner} can be a witness against other accused, in d same case......The Owner is also supposed to proove notice / information u/s 133 of M.V. Act.....
The Bike owner is made accused only for giving his vehicle to drive to a person without Driving license.......But on d other hand the Owner is a sole eye witness of d incident and he has to proove notice U/s 133 M. V. Act.
Under above-mentioned facts whether an accused can be made a witness against the other accused in same case which is being jointly tried........

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Abhishek Dixit (Querist) 04 October 2017
Please pay ur kind attention on the problem.......Please give me a solution......

Vijay Raj Mahajan (Expert) 04 October 2017
Both accused have right to give evidence u/s 313 Cr. P. C where they can state the facts of the case as eye witnesses to the incidence.

Rajendra K Goyal (Expert) 04 October 2017
It is doubtful that it is a real problem.

However, as the case has been registered, the accused have to defend. Take help of a local lawyer expert in accident cases.

Kumar Doab (Expert) 04 October 2017
Agreeing with experts, approach LOCAL counsel to defend in court.

P. Venu (Expert) 05 October 2017
Is it a real problem? Even if so, what could be the defence when the facts are undisputed?

Abhishek Dixit (Querist) 07 October 2017
It's a real problem...........U/s 313 the stage and title of accused is different.......But I m asking for the solution of query abovementioned........Whether an accused can be a witness also.......In same case....If any case law is there Please refer.........And Thank U so much for paying attention on my query. Thank u............