Evidence act section 154 c
Sachin Devendra Maroli
(Querist) 24 April 2012
This query is : Resolved
in case witness tells truth in chief & in cross examination he will turned as hostile & also stating that chief was conducted by giving threat by the party in case petitioner can cross examine his own witness? please tell me some citations
Shonee Kapoor
(Expert) 24 April 2012
Yes, once the witness has been declared hostile, PP can cross him.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sachin Devendra Maroli
(Querist) 24 April 2012
domestic violence complainant called the witness in chief he tells the truth after that cross examination conducted after a month of time completely denies what he stated in chief ? tell me citation
Shonee Kapoor
(Expert) 24 April 2012
if it is a DV case, the case can be dismissed on her evidence alone.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Expert) 24 April 2012
Sat Paul v. Delhi Administration - 1976 SC - is a landmark case on hostile witnesses. Once a witness resiles from his chief statement, and there are circumstances that suggest he has been won over, the prosecutor or the applicant/complainant can with the leave of the court - put questions to it's witness - as in a cross examination - and try to convince the court that this person's testimony cannot be trusted as his credit has been impeached.
Even after being declared hostile - his testimony is not completely effaced off the record - and can be used by either you or other party pro tanto - to the extent it seems trustworthy and beyond doubt.
Good Luck !
Bharat
prabhakar singh
(Expert) 24 April 2012
To me your query is not what it appears on its' face.
Raj Kumar Makkad
(Expert) 24 April 2012
The only reply against your query is yes. A hostile witness can be cross-examined by the party which called such witness. There are number of citations on this point.
MohammedRaffiq Bijapur
(Expert) 24 April 2012
Sachin the witness can be cross examined but the evidence of such witness is not reliable.Refer (1990) 1 Crimes 83(SC).
