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vignesh Achar (advocate)     15 August 2009

mahazar witness turns hostile

hi,

In a theft case, if all the mahazar witness turn hostile, is it fatal to prosecution case?  any citation in this regard..?



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 3 Replies

Kiran Kumar (Lawyer)     15 August 2009

hostile witness can be cross examined by the prosecution....

WHATSAPP 91-8075113965 (advocate)     15 August 2009

if you are meaning to say about seizure mahassar witnesses, of course it will make the seizure not  legally weak, but not wholly inadmissible.prosecutor can cross examine his own witness and declaring him as hostile and any deposition he makes in the box supporting the prosecution case is admitted in evidence.

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Adinath@Avinash Patil (advocate)     12 October 2009

THE TERMS 'HOSTILE ADVERSE OR UNFAVOURABLE WITNESS' ARE ALINE TO THE ACT BUT ARE TERNS ENGLISH COMMON LAW-- THE COURT IN ITS DISCRETION  CAN PERMIT A PARTY CALLING THE WITNESS TO CROSS EXAMINE SUCH WITNESS --

GURA SINGH V/S THE STATE OF RAJSTHAN  2001[1] SRJ 92.


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