LAW OF EVIDENCE 617
The Section is not to be read as though the words “ at the trial ” were inserted after “made” and the word “recorded” substituted for “proved”.
(1890) 14 Mo. Jur. N. S. 516.
The Section does not refer to the statements made at the trial. It refers to statements made before and proved at the trial. The use of the term proving a Confession is inapplicable to the procedure where the Judge asks questions and the accused gives explanation.
45 All. 323.
- Importance of “Jointly tried” .
In this connection two important questions arise—When one Accused confesses and in his confession implicates a coaccused and pleads guilty.
(i) In such a case can he be treated as being jointly tried with the rest, as to let in his confession under this section against co-accused ?
(2) In such a case can an Accused who pleads quilty be called as a witness against those who do not plead guilty ?
Q. I. His Evidence cannot be taken into consideration because he ceases to be jointly tried. 5 Bom. 63; 7 Mad. 102;
19 Bom. 195.
Although it is open to the court to continue the trial without convicting the Accused who pleaded guilty, yet it is unfair to defer convicting them merely in order that their confessions may be considered against the other accused.
23 All. 53.
Q. II. This depends upon the definition of the word accused : When does an accused person cease to be an accused person ?
Until an Accused person who has pleaded guilty is convicted or acquitted, he is still an accused person and is therefore not a competent witness against the co-accused.
13 C. W. N. 552. Until an Accused person who has pleaded guilty is convicted and sentenced, he is still an Accused person and is therefore not a competent witness against the co-accused. 3 Bom. L.R.