https://www.taxtmi.com/caselaws?id=303655 Compelled answers given by a witness in the witness-box are protected by the proviso to Section 132 of the Evidence Act and cannot, by themselves, be used to prosecute that witness or to summon him as an accused. At the same time, the power under Section 319 CrPC turns on whether the material shows that the person appears to have committed an offence and can be tried with the existing accused, with the "same transaction" test depending on the facts, including proximity, common design, and continuity of action. On the facts, the Court rejected the objection based on joint trial, but held that PW64's deposition could not be used alone to found prosecution. en-us Mon, 16 Mar 2015 00:00:00 +0530 Thu, 04 Aug 2022 08:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303655 Compelled answers given by a witness in the witness-box are protected by the proviso to Section 132 of the Evidence Act and cannot, by themselves, be used to prosecute that witness or to summon him as an accused. At the same time, the power under Section 319 CrPC turns on whether the material shows that the person appears to have committed an offence and can be tried with the existing accused, with the "same transaction" test depending on the facts, including proximity, common design, and continuity of action. On the facts, the Court rejected the objection based on joint trial, but held that PW64's deposition could not be used alone to found prosecution. Case-Laws Indian Laws Mon, 16 Mar 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303655