ANDHRA PRADESH HIGH COURT SETS ASIDE CONVICTION OF TWO: NO MANDATE UNDER CRPC FOR WITNESS TO APPEAR ONLY WHEN SUMMONED

The Andhra Pradesh High Court in the case observed and has set aside the conviction of two individuals charged under the A.P. Prohibition Act, 1995, while holding that when two views are possible in a Criminal Case, the one favouring the accused is to be adopted.

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The single bench headed by Justice Venkata Jyothirmai Pratapa in the case observed and has held that when two views are possible in a Criminal case, which view is favourable to the accused has to be considered.

In the present case, the Défense Witness 1 blatantly rejected the case of the prosecution, he being the Village Servant working as a public servant openly stated in the Court that the excise officials obtained his signatures on the blank paper and not only in this case but also in several other cases. Therefore, there is no mandate under the Code of Criminal Procedure that witness has to appear before the Court to give evidence only on receipt of summons.

The court stated that the accused has not been produced any witness to surprise the prosecution. Thus, DW.1 is the own witness of the prosecution, but the prosecution did not choose to examine him.