Raghuveer Sharan vs. District Sahakari Krishi Gramin Vikas Bank & Anr. (SC)

Code of Criminal Procedure, 1973–Sec. 319–Evidence Act, 1872–Sec. 132–Witness who gave the statements incriminating himself–Whether the Court can rely upon the statements for invoking the provisions of Sec. 319 ?–Held, there cannot be an absolute embargo on the Trial Court to initiate process u/s. 319 merely because a person who though appears to be complicit has deposed as a witness–There must be additional, cogent material before the Trial Court apart from the statement of the witness–The test would be as to whether even if the statement of the witness is removed from consideration, whether on the basis of other incriminating material, the Court could have proceeded u/s. 319.