Supreme Court of India
Raghuveer Sharan v. District Sahakari Krishi Gramin Vikas Bank & Anr.
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What the Court ordered
We hold that the qualified privilege under the proviso to Section 132 of the Act does not grant complete immunity from prosecution to a person who has deposed as a witness (and made statements incriminating himself).
Judgment, page 11
From the headnote
Issue for Consideration Whether in the facts and circumstances of the case, the appellant is entitled for protection under Section 132 of the Evidence Act, 1872 as his statement was recorded earlier at the pre-summoning stage as a witness for the complainant/respondent bank. Headnotes† Evidence Act, 1872 – s.132 – Code of Criminal Procedure, 1973 – s. 319 – criminal complaint was filed, the appellant was also examined as one of the witnesses of the respondent bank, wherein he admitted having changed the tenure of the Fixed Deposit from 3 years to 10 years and later on to 15 years – This
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