Witness
Devnandan Sharma
(Querist) 29 September 2011
This query is : Resolved
Respected Learned Experts,
Sincere thanks to you for your valuable comments on my query regarding hostile witness.Ld. Mr. Bansal has commented to the point I raised. Rest of the comments are not ointing to my querry.
My querry primarily relates to the specific point as to in which legal provision it has been provided to declare a wtness "hoatile" in a FORMAL MANNER. And if there is no such provision why the Indian Courts are entertaining such exercise.
I am not against asking any type of questions to a witness to any any extent, or any kind of treatment to the witness for finding the truth. What I mean, I again repeat, the declaration of a witness as HOSTILE in a FORMAL MANNER is not proper.
Shonee Kapoor
(Expert) 29 September 2011
The role of a witness is paramount in the criminal justice system of any country.
Now coming to your query, please note the below things:
The provision (S.154 of IEA, 1872) doesnot formally declares the witness hostile, but only talks about permitting "such questions as may be asked in cross-examination".
The law nowhere clearly mentions, the court needs to declare such a witness 'hostile' before the provision (S. 154 of IEA, 1872) can be invoked.
The judicial wisdom (under S.154) is only to be invoked, when the Court feels that "the attitude disclosed by the witness is destructive of his duty to speak the truth".
Jessicca Lall Murder, Best Bakery Case are apt examples with regard to your query. The case dragged on two years and witnesses turning hostile, they have tried to undermine the prosecution's case
To understand more, try and read a judgemnet called Swarn Singh Vs State of Punjab, I think it is a 2000 case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 29 September 2011
Appropriate light thrown by Mr.Shonee Kapoor .
