VidhiSangh

Supreme Court of India · 10/09/2024

RAGHUVEER SHARAN versus DISTRICT SAHAKARI KRISHI GRAMIN VIKAS BANK & ANR.

[2024] 9 S.C.R. 361 · 2024 INSC 681

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Summary

The Supreme Court held that the proviso to Section 132 of the Evidence Act gives a witness only a qualified privilege: his own incriminating answers cannot be used to prosecute him, but he is not immune from being summoned under Section 319 CrPC on other evidence that emerges at trial. Because the bank cashier was summoned on a prosecution witness's testimony and not on his own pre-summoning statement, his summoning was upheld.

Issues

  1. Whether a person who gave a self-incriminating statement as the complainant's witness at the pre-summoning stage is protected by the proviso to Section 132 of the Evidence Act from being summoned as an additional accused under Section 319 CrPC.
  2. Whether the proviso to Section 132 grants complete immunity from prosecution even where other incriminating material against the witness exists.
  3. Whether there was prima facie material to summon the appellant under Section 319 CrPC.

Provisions considered

Held

Result

Criminal appeal dismissed, and the summoning of the appellant as an additional accused under Section 319 CrPC was upheld. The connected contempt petition was closed and the interim order in it vacated.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 361.