Leading Questions of Indian Evidence Act is explained from Section 141 to Section 143.
1. As per Section 141 Leading Questions is one which contains the answer in it;
2. When the answer to a question is either yes or no, that question is considered as a leading question;
3. Any person suggesting the answer which the person putting the question wishes or expects to receive is called a Leading Question;
4. Leading Question puts the answer in the mouth of a witness;
5. As per Section 142, leading questions should not be put either in examination – in – chief or in re-examination;
6. As per Section 143, Leading Questions can be put in Cross-Examination;
7. But, there are two exceptions when Leading Questions can be put in Examination – in – chief and Re-examination :-
a. When there is no objection from the adverse party; &
b. When the court permits the party to put the Leading Questions to his own witness;
8. Court permits a party to put Leading Questions – in – Examination – in – chief and Re-Examination in 2 cases:-
a. When the matters are Introductory in Nature;&
b. When the fact is Un-disputed
AN ACCOMPLICE AFTER THE FACT:- Is not in any-way connected with the original offence.
Receiver of stolen property is an accomplice after the fact.
Section 133 says that – An accomplice shall be competent witness against an accused person and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.
But, Section 114 illustration – B says, that the court may presume that an accomplice is unworthy of credit unless corroborated by material particulars.
There is inherent inconsistency between Section 133 and Section 144.
But, the Supreme Court in
K. HASHIM v. STATE OF TAMIL NADU. (2005) 1 SCC 237, clearly stated that Section 133 prevails over Section 114 Illustration-B.
It further said a conviction is not illegal merely because it proceeds from the uncorroborated testimony of an accomplice.
At present accomplice evidence is considered test-worthy and conviction can be recorded on the basis of it.