AI Overview...
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Hostile Witness Turned Supportive During Cross-Examination - Witness initially supported the prosecution but turned hostile during cross-examination, sometimes after a significant delay (e.g., 20 months). Despite hostility, their corroborated testimony can be relied upon for conviction if supported by other evidence, such as medical reports. The court may also consider circumstances under which the hostility arose. Shambhusingh VS State of Madhay Pradesh - Crimes, Vinod Kumar VS State of Punjab - Crimes, Vinod Kumar VS State of Punjab - Supreme Court
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Legal Principles on Hostile Witnesses - The law recognizes that a hostile witness's testimony need not be entirely discarded; if it is corroborated by other evidence, it can form a basis for conviction. The expression hostile witness does not exclude the possibility of reliance on their testimony, especially when corroborated. M. SELVARAJAN VS STATE OF TAMIL NADU - Madras, RAJESH YADAV AND ANOTHER ETC. VS STATE OF U. P. - Supreme Court
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Court Procedures for Witness Examination - Courts have discretion to defer or modify examination procedures, including recording statements without full cross-examination, especially when witnesses are hostile or unavailable. Courts may also pass orders to facilitate effective examination. Bheemappa S/o. Shivappa Malladad VS State of Karnataka - Karnataka
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Impact of Hostility on Credibility and Conviction - When key witnesses turn hostile, the evidence becomes less reliable, and the court must evaluate whether corroborative evidence suffices for conviction. In some cases, the court has acquitted due to lack of credible evidence stemming from hostile witnesses. Conversely, in others, corroboration has supported conviction despite hostility. RAVI, C.NO.4152, C.PRISON, TVM-12. vs STATE OF KERALA - Kerala, ARUN vs STATE OF KERALA - Kerala, STATE OF NCT OF DELHI vs SATISH KUMAR MANDAL - Delhi
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Witness Threats and External Factors - Witnesses may turn hostile due to threats or intimidation, affecting their testimony. Courts consider these circumstances when assessing credibility. Witness protection measures are emphasized to safeguard testimonies. Pintoo VS State Of U. P. - Allahabad
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Summary and Conclusion - The main points highlight that witnesses initially supporting the prosecution can turn hostile, but their testimony remains valuable if corroborated. Courts have procedural flexibility to handle hostile witnesses, and the credibility of evidence depends on corroboration and circumstances of hostility. Convictions can be upheld or overturned based on the strength of corroborative evidence despite witness hostility. Proper judicial discretion and corroboration are crucial in such cases.
Search Results for "In Chief Witness Deposed but in Cross Turned Hostile Conviction Granted Case"
• India - Crimes
A.K.GOHIL, SHEELA KHANNA
and in the cross-examination which took place after three months partly supported the prosecution and partly turned hostile and ... date in cross-examination they resiled—Value of evidence of hostile witness—Evidence was however fully corroborated by medical evidence ... , which goes to show that he fully supported the prosecution, thereafter the trial court conveniently granted time for cross-examination
1995 0 Supreme(Mad) 944 • India - Madras
ARUNACHALAM
. - Section 5(1)(d) r/ws 5(2) - Conviction under Appeal- Complaint preferred by PW 1 is genesis for prosecution - PW 1 turned hostile ... However, if the core of the prosecution case is based on the version of a hostile witness and further the other evidence on record ... ... Held: That the evidence of a hostile witness need not have to be ... It is an accepted principle of law that the evidence of a hostile witness#HL_EN....
2020 0 Supreme(Kar) 70 • India - Karnataka
K.N.PHANEENDRA, PRADEEP SINGH YERUR
other witnesses who deposed in similar manner where accused seeks time to cross-examine witnesses at once in such situation Court ... of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination ... Court may record statement of witness and pass such orders as it thinks fit dispensing with examination-in-chief or cross-examination ... Therefore, she has #HL....
• India - Crimes
DIPAK MISRA, ROHINTON FALI NARIMAN
, supporting prosecution story – Turning hostile in cross-examination – Cross-examination conducted after 20 months – Shadow witness ... hostile, his corroborated evidence can be relied upon for conviction. ... witness – Evidence of – Not completely effaced – Conviction can be based on such evidence if corroborated. ... fact that he is a hostile witness. ... Jagdish Verma, PW-7, in his examination-in-chie....
2010 0 Supreme(All) 673 • India - Allahabad
AMAR SARAN
The witness initially affirmed the FIR version but later turned hostile, claiming threats from the accused. ... Finding of the Court: The court found that the witness turned hostile due to threats from the accused, leading to the ... - Witness Protection - Judicial Pro-activeness Fact of the Case: The applicants sought bail after it was cancelled ... Further, examination of this witness could only take place on 24.6.2009. On this....
2014 Supreme(Online)(KER) 49523 • India - High Court of Kerala
V.K.MOHANAN, B.KEMAL PASHA, JJ
Key witnesses turned hostile, and the evidence presented was insufficient to support the conviction beyond reasonable doubt. ... Murder - Conviction and Acquittal - IPC Section List - The court discusses IPC Section 302, emphasizing the necessity of a complete ... excludes any reasonable hypothesis of innocence, which was not met in this case. ... PW16, the independent witness who is an attestor to Ext.P15, turned hostile towards the prosecution in t....
2015 Supreme(Online)(KER) 36817 • India - High Court of Kerala
SUNIL THOMAS, J
Ratio Decidendi: The court emphasized that the victim's initial consistent testimony, corroborated by medical evidence and witness ... Final Decision: The appeal is partly allowed; the conviction under Section 324 IPC is set aside, while convictions for other ... statements, was more credible than her later retracted claims, thereby justifying the conviction. ... Even though PW1 turned hostile in the cross examination, PW2, her close relative and PW3, a close friend ....
2022 3 Supreme 294 • India - Supreme Court
SANJAY KISHAN KAUL, M. M. SUNDRESH
has turned hostile but circumstances under which it happened can also be considered, particularly in a situation where chief examination ... (Paras 19 and 20) (C) Criminal Law – Hostile Witness – Expression “hostile witness” does not find a place in ... examining a witness – However, in a case where a witness after completion of chief examination and while subjecting him to a substantial ... PW-3 ....
2015 6 Supreme 1 • India - Supreme Court
DIPAK MISRA, ROHINTON FALI NARIMAN
, supporting prosecution story – Turning hostile in cross-examination – Cross-examination conducted after 20 months – Shadow witness ... hostile, his corroborated evidence can be relied upon for conviction. ... witness – Evidence of – Not completely effaced – Conviction can be based on such evidence if corroborated. ... fact that he is a hostile witness. ... Jagdish Verma, PW-7, in his examination-in-chie....
2025 Supreme(Online)(Del) 3539 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN, J
However, the evidence presented was inconsistent and the main witnesses turned hostile. ... Only credible and corroborative evidence could support the conviction. ... ... ... Findings of Court: ... The Trial Court acquitted the respondent due to lack of credible evidence and inconsistencies in witness ... From a perusal of the said testimonies the learned Trial Court Signature Not Verified Signed By:KAMALDEEP CRL.L.P. 204/2022 Page 5 of 7 noted that both the mother and the father of the prosecutrix had not supported t....
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