A ‘hostile witness’ is one who is one who from the manner in which he gives evidence, shows that he is not desirous of telling the truth to the Court. A witness who is gained over by the opposite party is a hostile witness. A witness is not to be considered hostile simple because he gives unfavorable answers. If a witness, answer to certain question is in direct conflict with evidence of other prosecution witnesses, the court should not on that ground alone allow the witness to be treated as hostile. He is hostile when his temper, attitude demeanor, etc. in the witness box show a distinctly feeling towards the party calling him or when concealing his true sentiments he doest not exhibit any hostile feeling but makes statement contrary to what he was called to prove and by his manner of giving evidence and conduct shows that he is not desirous of giving evidence and conduct shows that he is not desirous of giving evidence fairly and telling the truth to the Court.
