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VIGILANCE MANUAL VOLUME III - AP Online

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DECISION - 190<br />

447<br />

sec. 8 Evidence Act, irrespective of whether any statement by the<br />

accused contemporaneously with or antecedent to such conduct falls<br />

within the purview of sec. 27 Evidence Act. The Supreme Court saw<br />

no reason to rule out the evidence relating to the conduct of the<br />

accused which lends circumstantial assurance of the testimony of<br />

the trap witness.<br />

(189)<br />

Witnesses — turning hostile<br />

Witness be treated as hostile where he states<br />

something which is destructive of the prosecution<br />

case.<br />

G.S. Bakshi vs. State,<br />

AIR 1979 SC 569<br />

The Supreme Court held that when a prosecution witness<br />

turns hostile by stating something which is destructive of the<br />

prosecution case, the prosecution is entitled to pray that the witness<br />

be treated as hostile. In such a case, the trial court must allow the<br />

public prosecutor to treat the witness as hostile.<br />

(190)<br />

(A) P.C. Act, 1988 — Sec. 19<br />

(B) Sanction of prosecution — under P.C. Act<br />

Sanction can be proved by producing original sanction<br />

containing facts constituting the offence and grounds<br />

of satisfaction or by adducing evidence to that effect.<br />

Mohd. Iqbal Ahmed vs. State of Andhra Pradesh,<br />

AIR 1979 SC 677<br />

The Supreme Court held that it is incumbent on the prosecution<br />

to prove that a valid sanction has been granted by the Sanctioning<br />

Authority after it was satisfied that a case for sanction has been made<br />

out constituting the offence. This should be done in two ways; either

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