AI Overview...
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Hostile Witness - Several sources highlight instances where witnesses, including government witnesses, turned hostile during trial, impacting the prosecution's case. For example, PW1 in a bribery case turned hostile, leading to the court upholding acquittal due to discrepancies and lack of supportive evidence State represented by The Inspector of Police vs A.Sivakumar - Madras. Similarly, in a murder trial, witnesses including police and victims' family members turned hostile, affecting the conviction based solely on dying declarations and witness testimonies Sevaklal VS State of M. P. - Madhya Pradesh.
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Legal Implications of Hostility - Courts often analyze the effect of witness hostility on the case's integrity. In some cases, the court has allowed permission to question hostile witnesses under Section 154 of the Indian Evidence Act, and even permitted additional evidence to be produced to mitigate the impact of hostility STATE OF GUJARAT VS RAJENDRAKUMAR GOKALDAS VAJA - Gujarat. The courts recognize that witness hostility can lead to acquittals or the need for retrials, especially when critical testimonies are disowned or retracted 01100065041.
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Impact on Trial Outcomes - Witness hostility frequently results in the court disregarding or giving less weight to the testimonies. For instance, in a case where the sole eyewitness disowned their earlier statement, the court deemed a retrial unnecessary, emphasizing that justice would not be served by continuing with a case where key witnesses have turned hostile Arumugan and Etc. VS State - Madras, BANDARU VS STATE OF ORISSA - Orissa.
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Legal Strategy and Court's Discretion - Courts have shown discretion in dealing with hostile witnesses, including permitting further questioning, examining additional evidence, and assessing the overall credibility of remaining testimonies. The courts have also upheld acquittals when witness hostility undermines the prosecution's case beyond reasonable doubt Veeresha Maddera @ Kencha VS State Of Karnataka, By Kamakshipalya Police Station, Bangalore District, Rept By Government Pleader, High Court Of Karnataka - Karnataka.
Analysis and Conclusion - Witness hostility is a significant challenge in criminal trials, often leading to acquittals or the conclusion that justice cannot be served due to unreliable testimonies. Courts balance the need for fair trial procedures with the integrity of evidence, sometimes permitting further examination or evidence to address hostility. Ultimately, the disowning or turning hostile of witnesses, especially key witnesses, can critically weaken the prosecution's case, influencing judicial outcomes and the course of justice State represented by The Inspector of Police vs A.Sivakumar - Madras, Sevaklal VS State of M. P. - Madhya Pradesh, 01100065041.
Search Results for "Government Witness Turned Hostile during Trail"
2024 0 Supreme(Mad) 2491 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
VIVEK KUMAR SINGH
hostile and the bait money was recovered from him, not the accused. ... ) r/w 13(1)(d) - Appeal against acquittal of accused in bribery case - Accused demanded Rs.20,000/- from complainant, who later turned ... of Court: ... The Court upheld the trial court's finding of acquittal, noting discrepancies in the prosecution's evidence; PW1 turned ... Moreover, the learned Government Advocate submitted that the trial Court failed to consider the material aspect that though PW1/ decoy witness turne....
2010 0 Supreme(Guj) 15 • India - Gujarat
H.N.DEVANI
hostile quashed and set aside - Permission granted under section 154 of Act,1872 to put questions to respondent-witness which might ... permitting production of additional documentary evidence and calling for reports from police authorities, has allowed application and turned ... should be declared hostile shall now proceed with case as expeditiously as possible - Application allowed. ... Kanabar, learned advocate for the respondent submitted that the respondent being a Government employee would have to....
• India - Crimes
ANANT S.DAVE, B.N.KARIA
hostile—Presumption of innocence is reinforced by acquittal—Trial Court committed no illegality in acquitting accused and in absence ... Constable deposed in evidence about deceased last seen in company of accused when they had stayed in his house for some time, wife of witness ... witnesses PWs 24, 25 and 26 disclosed that A1 had hired taxi of deceased did not connect accused with crime—Many other witnesses had turned ... hostile and not supported the case of the prosecution. ... Simply because deposition of P.W.24, P.W....
1995 0 Supreme(Mad) 621 • India - Madras
KANAKARAJ, JANARTHANAM
Criminal trail - Appreciation of evidence - Change of version by the hostile witness as and when desired - Such version can not be ... hostile wholesale. ... There remains the testimony of the other direct witness P.W. 2 as respects the occurrence. ... From a perusal of the evidence of P.W. 2, it is decipherable that he had contacted the Police on his own accord and consequently, the Investigating Agency was in a position to know that he was a witness acquainted with the occurrence. It....
1999 0 Supreme(Del) 865 • India - Delhi
K.S.GUPTA
IPC as six persons were run over by his car on the road - Eye-witness examined during trial turned hostile - ... Witnesses to be examined by prosecution were either police or Government Officials Petitioner-held entitled to bail. ... One of injured Victims who survived also did not support prosecution case – Another alleged eye-witness given up by prosecution - ... C of said Hari Shankar Yadav and Sunil Kulkarni and after their having turned hostile/dropped, the petit....
1985 0 Supreme(Del) 381 • India - Delhi
MALIK SHARIEF-UD-DIN, R.N.AGGARWAL
hostile -Whether appellant/accused can be held to have caused murder? ... doctor implicating accused assailant - First report with police also naming accused -Motive got established clearly - Eye-witnesses turned ... Even Public Witness 10 turned hostile deposed that the name of boy who had run away with the dagger is Public Witness 10 on cross-examination by the Prosecutor deposed that he had in his before the police given the name of Gurdeep Bagga alias Pinki as the man who holding t....
2018 0 Supreme(MP) 128 • India - Madhya Pradesh
S.K.GANGELE, ANJULI PALO
Finding of the Court: The court analyzed the dying declaration, witness testimonies, and medical evidence to determine ... Prosecution witnesses, even the family members of the deceased, turned hostile. Conviction of the appellant is based on the dying declaration of the deceased. ... 6. PW-2 Chhigga, is the father of the deceased. ... He also turned hostile. He deposed that when I reached at the house of the appellant, the deceased told me that she herself set her ablaze because the appellant did not....
2020 0 Supreme(Kar) 1138 • India - Karnataka
MOHAMMAD NAWAZ
petitioner claimed innocence and argued that the delay in lodging the complaint, lack of motive, and material witnesses turning hostile ... BAIL - Offence under Section 302 of IPC - Court considered delay in lodging complaint, motive, and witness testimony in denying ... Ratio Decidendi: The court's decision was influenced by the seriousness of the charge, witness testimony, and the accused's ... Therefore, the contention of the learned counsel for the petitioner that the material witnesses have turned hostile....
2011 0 Supreme(Mad) 2438 • India - Madras
S.NAGAMUTHU
Whether a retrial would be in the interest of justice, considering that the sole witness had turned hostile and disowned her earlier ... had turned hostile and disowned her earlier testimony. ... The court held that a retrial would not be in the interest of justice, considering that the sole witness had turned hostile and disowned ... She has turned hostile and she has not supported the case of the prosecution in a....
1999 0 Supreme(Ori) 288 • India - Orissa
R.K.DASH, P.K.MOHANTY
Finding of the Court: The court found that the extra-judicial confession made by the appellant to a witness, corroborated ... The court held that the extra-judicial confession made by the appellant to a witness was admissible under Section 24 of the Evidence ... It would appear that Karma Khadia P.W. 6, the informant who was the sole eye-witness to the incident turned hostile and did not support the prosecution case. ... Behera, learned Additional Government Advocate, that such volun....
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