Approver

Meaning.

Testimony of approver, in order to be accepted as worthy of credence, must pass the double test, namely that he is a reliable witness and that his testimony receives sufficient corroboration on material particulars.

Rule of prudence that the testimony of an approver or accomplice is to be corroborated in material particulars by independent evidence has almost hardened into a rule of law

Conviction on the basis of sole testimony of an approver or accomplice thus is not safe.

[Accomplice

Evidence].

Approver's first statement seemed to be in line with his exculpatory confession, which he made prior to grant of pardon to him for making him an approver

Testimony of such person had to be scrutinized with care and caution and could not be acted upon without corroboration in material particulars by reliable evidence.

[Approver].

Corroboration-Post-mortem examination report already available to police when approver's statement recorded-Medical report, in circumstance, no independent corroboration of approver's testimony.

(b) Penal Code (XLV of 1860), S. 302-Evidence Act (I of 1872), S. 133-Approver-Corroboration-Accused having motive to commit murder, leading police to an uninhabited room of his house and taking out blood-stained clothes and knife from an earthen pot-Articles found by serologist to be stained with human blood Approver's and accused hands also found to have cut injuries Recovery of incriminating articles, fact of their being stained with human blood and presence of cut marks on culprit's hands, held, furnished sufficient corroboration of approver's testimony on material particulars.

Criminal appeal-Supreme Court accepting appeal and acquitting convict-appellant whether can set aside conviction of another co-accused who did not appeal (Quaere)-Supreme Court, in circumstance, recommended to provincial Government that sentence imposed on non-appealing convict be filly remitted.

S. 337 and Evidence Act (I of 1872), S. 133-Approver-Conviction based on evidence of-Corroboration in material particulars necessary

approver's near relationship with accused-Does not remove taint from his testimony.

S. 339-ApproverConfession, retracted-Production of certificate by Public Prosecutor under S. 339-Condition precedent for initiating proceeding against an approver alleged to have forfeited his pardon-Conditions under S. 339 having been omitted, proceedings against accused, held, not sustainable in law.

S. 337(2) and Chap. XVIII-Approver-Examination of-Word "trial" in S. 337(2)-Includes inquiry under Chap. XVIII-Accused granted pardon can be examined as witness by Magistrate holding inquiry.

No conviction should be based on testimony of approver unless corroborated by some other evidence on record.

S. 337(3) read with Ss. 496, 497, 498 & 561-A-Approver-Bail-Provisions of S. 337(3) mandatory and based on very salutary principle of public policy and public interest-Approver cannot be granted bail either under S. 337(3) or Ss. 496, 497 & 498-Nor can inherent powers of High Court under S. 561-A be invoked for granting bail to an approver-Merely because detention has worked hardship on approver, law cannot be circumvented and powers not conferred on Court cannot be assumed - [Abdul Sattar v. State Criminal Miscellaneous No. 3692 of 1966 dissented from.

S. 114 (b)-Approver-Unworthy of credit unless corroborated in material particulars by reliable in dependent evidence- Cor'roboraliV2 evidence to indicate that approver's story, substantially true.

Deposition of approver coupled with his confession can furnish valuable corroboration of evidence of other witnesses-Evidence Act (I of 1872), S. 133.

Approver Approver____ Depravity of character-Characteristic of ever, approver-Yet his evidence if corroborated cannot be rejected on that account- Evidence- Act (1 of 1872), S. 114, ills. (b) and S. 133.(f) Approver.-Statement. of-May be corroborated by confession of co-accused-Evidence Act(I of 1872),S.114 illus.(b) read along with further consideration appended to illus. (b).

Approver -Recovery of dead body before approver's statement-No corroboration of such statement-Evidence Act (1 of 1872), S. 133.

Approver Statement of-Should not be made basis of conviction unless there is independent corroboration connecting accused "in very clear terms" with offence charged

Evidence Act (I of 1872), Ss. 114 and 133.

Approver-Whether can be examined as witness in Sessions Court if committing Magistrate bbl mistake or oversight includes his name amongst the accused.

Approver Approver-Statement of-Not a confession-Not subject to prohibition of S. 24, Evidence Act (1 of 2872) or to provisions of S. 264 (3), Cr. P. C.-Statement admissible under S. 339 (2) Cr. P. C. against approver at his own trial, after forfeiture of pardon-Necessity of corroboration-Statement should be taken as a whole.

Testimony of-Independent corroboration that the approver himself took part in the crime not necessary.

Approver Confessional statement by, before tender of pardon, recorded under S. 164 Cr. P. C.?S. 24, Evidence Act (I of 1872), held, not applicable to such a statement.

Approver Approver-Statement of-Must satisfy two essentials (1) that he took part in the crime and (2) that he is corroborated in material particulars as regards the participation of each of the accused.

Conviction on basis of such confession-Corroboration.

Statement of-Corroboration-Recovery of deceased's clothes from a ditch at accused's pointing out and of a torch-Recovery from another accused of a loin cloth stained with blood and of a knife

Whether good corroboration.

Testimony of-Unworthy of credit unless corroborated in material particulars-Such corroboration not dispensed with even if approver a near relation of accused-Evidence Act (1 of 1872), Ss. 114, ill. (b) and 133. It is well settled principle of law that an approver's evidence is unworthy of credit unless corroborated in material particulars.