hostile witness
Vasudevan
(Querist) 13 January 2017
This query is : Resolved
Police witness examined in chief. He was not declared hostile at that time. However while cross examination the witness revealed additional facts without going against the chief. The additional information favours the accused to certain extent. The PP has claimed to declare the witness as hostile during cross examination which was also allowed by the judge. Is it correct? Please advise whether the accused could claim the witness is not hostile? What is the rule provision?
Thanks in advance.
Vasudevan
(Querist) 13 January 2017
Thanks in advance
Vasudevan
(Querist) 13 January 2017
Please advise.
Rajendra K Goyal
(Expert) 13 January 2017
Useful information regarding hostile witness is available at the following link, please visit:
http://www.lawyersclubindia.com/articles/A-Critical-Analysis-on-Hostile-Witnesses-6257.asp
Guest
(Expert) 13 January 2017
You have not mentioned whether the examination-in-chief of the witness differed or not from his statement recorded during investigation by the inquiring authority?
Ms.Usha Kapoor
(Expert) 14 January 2017
Answer the query posed by PS.Dhingra JI.
Vasudevan
(Querist) 14 January 2017
Respected Dhingraji, the witness has not deposed certain information which has been recorded during investigation example the period of construction of the building which he occupied on rent. The PP has not questioned him on that aspect and hence not deposed. During the cross examination also the Accused advocate has not touched that fact i.e. period of construction. The Witness has deposed during cross examination additional facts which are not recorded during investigation by the IO. Please oblige.
Guest
(Expert) 14 January 2017
Dear Vasudevan,
In view of your clarification, declaration of witness, as hostile cannot be justified, if the the opposite party has been able to get the additional facts adduced through the witness during cross-examination, particularly when the IO had failed to make investigation complete in all respects.
However, if the judge has treated the witness as hostile, the defence counsel should have opposed that vehemently.
Vasudevan
(Querist) 14 January 2017
Much obliged with respectable experts opinion especially to Shri Dhingraji & Shri Rajendra K Goyal
Guest
(Expert) 14 January 2017
You are welcome, Shri Vasudevan.
