AI Overview...
- Independent Witness Turning Hostile - Main points and insights:
- Several cases highlight that the turning hostile of independent witnesses does not necessarily lead to the case's failure or acquittal, especially under the NDPS Act. Courts have acknowledged that hostile witnesses can be unreliable, but their hostility alone is not sufficient to dismiss prosecution evidence if official witnesses and other evidence are credible. For example, in Mangal Singh VS Punjab State - Punjab and Haryana, the court noted the witness's hostility and doubted the DSP's presence but did not mention outright acquittal solely based on this. Similarly, Guddu Alias Banku Son of Budhe Ram VS State of Himachal Pradesh - Himachal Pradesh emphasizes that the independent witness turning hostile is a common occurrence and does not automatically imply false prosecution.
- Courts often rely on official witnesses' testimonies and other corroborative evidence despite hostile independent witnesses (Shanmugam VS Inspector of Police NIB – CID Chennai - Madras, State of Himachal Pradesh VS Ram Chand - Himachal Pradesh, Mayur Deshle @ Manya, S/o Rajendra Deshle vs State of Chhattisgarh through the Police Station, Kanker, District Kanker, Chhattisgarh - Chhattisgarh, Sanjeet Kumar Singh @ Munna Kumar Singh VS State of Chhattisgarh - Supreme Court).
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The principle that the absence or hostility of independent witnesses is not fatal to the prosecution case is reinforced by legal precedents, such as SCC judgments, which state that hostile witnesses do not vitiate the case (Mayur Deshle @ Manya, S/o Rajendra Deshle vs State of Chhattisgarh through the Police Station, Kanker, District Kanker, Chhattisgarh - Chhattisgarh, Mayur Deshle @ Manya Vs State Of Chhattisgarh Through The Police Station - Chhattisgarh, Guddu Alias Banku Son of Budhe Ram VS State of Himachal Pradesh - Himachal Pradesh).
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Analysis and Conclusion:
- The consistent judicial stance is that while independent witnesses turning hostile may weaken the prosecution's case, it does not automatically lead to acquittal. The courts place significant weight on official witnesses and other evidence, especially under the NDPS Act, where the burden of proof is on the accused to explain possession.
- Hostility of independent witnesses is recognized as a common phenomenon, and courts have upheld convictions based on the remaining credible evidence. Therefore, the turning hostile of independent witnesses is a factor to consider but not a decisive one for acquittal (Mangal Singh VS Punjab State - Punjab and Haryana, State Of J&K VS Rajinder Kumar Alias Latt - Jammu and Kashmir, Guddu Alias Banku Son of Budhe Ram VS State of Himachal Pradesh - Himachal Pradesh, Mayur Deshle @ Manya, S/o Rajendra Deshle vs State of Chhattisgarh through the Police Station, Kanker, District Kanker, Chhattisgarh - Chhattisgarh).
References: - Mangal Singh VS Punjab State - Punjab and Haryana - State Of J&K VS Rajinder Kumar Alias Latt - Jammu and Kashmir - JOSE vs STATE OF KERALA - Kerala - Shanmugam VS Inspector of Police NIB – CID Chennai - Madras - KAPIL DEV VS STATE - Delhi - Guddu Alias Banku Son of Budhe Ram VS State of Himachal Pradesh - Himachal Pradesh - State of Himachal Pradesh VS Ram Chand - Himachal Pradesh - Mayur Deshle @ Manya, S/o Rajendra Deshle vs State of Chhattisgarh through the Police Station, Kanker, District Kanker, Chhattisgarh - Chhattisgarh - Mayur Deshle @ Manya Vs State Of Chhattisgarh Through The Police Station - Chhattisgarh - Sanjeet Kumar Singh @ Munna Kumar Singh VS State of Chhattisgarh - Supreme Court
Search Results for "Independent Witness Turning Hostile in Ndps Case"
1999 0 Supreme(P&H) 605 • India - Punjab and Haryana
R.L.ANAND
WITNESS TURNING HOSTILE - DOUBTFUL PRESENCE OF DSP AT SPOT - ACQUITTAL. ... The court noted that the independent witness had turned hostile and that there was doubt about the presence of the DSP at the spot ... The court noted that the independent witness had turned hostile and that there was doubt about the presence of the DSP at the spot ... But, here is a case where the accused has taken the courage to examine t....
2014 0 Supreme(J&K) 344 • India - Jammu and Kashmir
Virender Singh, BANSI LAL BHAT
Issues: Inconsistent testimonies of witnesses, absence of link evidence, and the turning hostile of the only independent witness ... hostile of the only independent witness were material factors leading to the dismissal of the prosecution case. ... of the Court: The court found that the testimonies of witnesses were faltering, and the absence of link evidence and the turning ... Superadded to it is a fact that the only i....
2008 Supreme(Online)(KER) 10284 • India - High Court of Kerala
R.BASANT, J
Despite the defense's denial and independent witnesses turning hostile, the evidence from police witnesses led to conviction. ... the reliability of police witness testimonies despite hostile independent witnesses and reaffirming the appropriate sentencing framework ... The hostile status of independent witnesses did not undermine the case against the petitioner. ... He also turned hostile to the prosecution. 5. Th....
2008 0 Supreme(Mad) 4700 • India - Madras
P.R.SHIVAKUMAR
witness turning hostile. ... Decidendi: The court held that the betrayal of the independent witness did not discredit the official witnesses' testimony. ... Finding of the Court: The court found the accused guilty based on official witnesses' testimony, despite the independent ... Of course, it is true that P.W.3 alone happened to be an independent witness and while he was examined before the court below, he turned hostile and did....
2005 0 Supreme(Del) 627 • India - Delhi
BADAR DURREZ AHMED
witness turning hostile and discrepancies in documents. ... the Court: The court found that developments after the previous bail application altered the fact situation, including the independent ... Fact of the Case: The prosecution alleged a recovery of 500 grams of heroin from the petitioner. ... The only independent public witness Ratanbir (PW5) has turned hostile and has indicated that no such recovery was at all made in his presence from the ....
2022 0 Supreme(HP) 356 • India - Himachal Pradesh
SABINA, SATYEN VAIDYA
(Para 18) Finding of the court: It is not uncommon in our system that the independent witness turns hostile ... It cannot be always inferred from such conduct of independent witness that the prosecution case was false. ... In the cases under NDPS Act, the principle of reverse burden applies. ... We are in agreement with the findings recorded by learned trial Court that appellant could not avail anything apart from the fact of independent wi....
2013 0 Supreme(HP) 103 • India - Himachal Pradesh
DEEPAK GUPTA, KULDIP SINGH
witness turning hostile did not necessarily preclude reliance on the official witnesses' statements. ... The independent witness turned hostile and there were material contradictions in the statements of the official witnesses. ... Ratio Decidendi: Even when an independent witness turns hostile, the court can rely on the statements of official witnesses ... As far as the independent witness PW-2 ....
2025 0 Supreme(Chh) 91 • India - HIGH COURT OF CHHATTISGARH AT BILASPUR
Hon'ble Shri Justice Sanjay K. Agrawal, Hon'ble Shri Justice Sanjay Kumar Jaiswal, JJ
11, 22) ... ... Ratio Decidendi: The court held that the prosecution's evidence was sufficient despite independent ... State of Chhattisgarh , (2020) 09 SCC 627 that the independent witnesses turning hostile, cannot be a ground for acquittal under the NDPS Act. ... State of Punjab , (2010) 09 SCC 608 it has been held that lack of independent witness is not fatal to the case of the prosecution. ... Learned counsel then contended that in view of th....
2025 Supreme(CHH) 89 • India - HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, Sanjay Kumar Jaiswal, JJ
Paras 11, 24) ... ... Ratio Decidendi: The court emphasized that the absence of support from independent ... beyond reasonable doubt despite hostile witnesses - Compliance with Sections 42, 50, and 52-A upheld. ... code; the burden lies on the accused to explain possession of seized narcotics - Hostile witnesses do not vitiate the prosecution ... State of Chhattisgarh , (2020) 09 SCC 627 that the independent witnesses turning hostile, cannot be a ground for acquittal under the #HL_S....
2022 7 Supreme 845 • India - Supreme Court
INDIRA BANERJEE, V. RAMASUBRAMANIAN
witnesses – Independent witnesses turning hostile need not necessarily result in acquittal of accused when mandatory procedure is ... Seizure of Ganja – Conviction and sentence – Independent witnesses who turned hostile, not only denied having witnessed anything ... turned hostile is unbelievable and whether there is possibility that they have become turncoats. ... State of Chhattisgarh (2020) 9 SCC 627 , that the independent witnesses turning #HL_ST....
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