Conditional pardon and approver evidence: once pardon is forfeited, the person reverts to accused status and cannot be cross-examined.

A pardon under Sections 306 or 307 of the Code of Criminal Procedure is conditional and protects an accomplice only while he makes a full and true disclosure. Once the Public Prosecutor certifies non-compliance under Section 308, the statutory protection ends, the person reverts to the position of an accused, and earlier evidence cannot be used against co-accused in the same trial. The law on accomplice evidence, hostile witnesses, and self-incrimination does not permit compulsion of further examination after forfeiture of pardon. The approver therefore did not remain a prosecution witness, and the defence had no right to cross-examine him.

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Issues: Whether, after an approver's pardon is forfeited on the Public Prosecutor's certificate under Section 308 of the Code of Criminal Procedure, 1973, the approver remains a prosecution witness and can be cross-examined by the co-accused.

Analysis: A pardon under Sections 306 or 307 of the Code of Criminal Procedure, 1973 is conditional and operates to protect the accomplice from prosecution only so long as the condition of full and true disclosure is complied with. Once the Public Prosecutor certifies non-compliance under Section 308, the statutory protection is lifted, the person reverts to the position of an accused, and the evidence already given by him cannot be used in the trial of the co-accused. The law relating to accomplice evidence, hostile witnesses, the right against self-incrimination, and the competency of an accused to testify does not permit compulsion of further examination of such a person after forfeiture of pardon.

Conclusion: The approver did not remain a witness after forfeiture of pardon and the defence had no right to cross-examine him.

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