Apex Law Journal
Apex Law Journal
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Evidence of hostile witness

Monday, October 31, 2011
Evidence of hostile witness

Evidence of hostile witness — The fact that the witness was declared hostile at the instance of the Public Prosecutor and he was allowed to cross-examine the witness furnishes no justification for rejecting en bloc the evidence of the witness — However, the Court has to be very careful, as prima facie, a witness who makes different statements at different times, has no regard for the truth. His evidence has to be read and considered as a whole with a view to find out whether any weight should be attached to it — The Court should be slow to act on the testimony of such a witness, normally, it should look for corroboration with other witnesses.

Evidence of hostile witness

Evidence of hostile witness — Held, evidence of hostile witness can be relied upon at least up to the extent, he supported the case of prosecution — The evidence of a person does not become effaced from the record merely because he has turned hostile and his deposition must be examined more cautiously to find out as to what extent he has supported the case of the prosecution.

Evidence of hostile witness

Evidence of hostile witness — In a criminal trial, credible evidence of even hostile witnesses can form the basis for conviction — In other words, in the matter of appreciation of evidence of witnesses, it is not the number of witnesses but quality of their evidence.

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