AI Overview...
Eye Witness Hostile during Trial: Effect and Main Points
-
Hostile Witness and Its Impact
A witness declared hostile may not fully support the prosecution's case, but their testimony can still be partially useful, especially if parts of their statement align with the prosecution's narrative. Courts are permitted to consider the supportive portions of hostile witnesses' testimonies RAJ BAHADUR A DENNY VS STATE OF DELHI - Delhi, M. Sarvana @ K. D. Saravana VS State of Karnataka - Supreme Court, M. Sarvana @ K. D. Saravana VS State of Karnataka - Crimes. -
Credibility and Reliability of Witnesses
Courts often analyze the overall credibility of witnesses, including hostile ones, by examining their consistency, admission of facts unfavorable to themselves, and corroboration from other evidence. For instance, Bholar was deemed truthful despite being hostile, based on his admissions and corroborative evidence ISLAM-UD-DIN ALIAS ISLAMU VS STATE OF DELHI - Delhi. -
Hostile Witnesses in Murder Cases
In Section 302 cases, courts have upheld convictions based on single or multiple witnesses, even if some are hostile, provided their testimony is credible and supported by other evidence like dying declarations or medical reports. The court can consider the parts of hostile witnesses' statements that support the case ISLAM-UD-DIN ALIAS ISLAMU VS STATE OF DELHI - Delhi, M. Sarvana @ K. D. Saravana VS State of Karnataka - Supreme Court, Chimanbhai Chhaganbhhai Gamit VS State of Gujarat - Gujarat. -
Legal Principles on Hostile Witnesses
Under Indian Evidence Act, Sections 154 and 145, cross-examination of hostile witnesses is permitted, and their testimony cannot be dismissed entirely. The court can rely on supportive parts of their statements to establish guilt Thumallapally Koti Reddy VS State Of A. P. - Andhra Pradesh, GOPI VS STATE OF KARNATAKA - Karnataka. -
Effect on Trial and Conviction
The presence of hostile witnesses does not necessarily invalidate a case; courts often rely on the totality of evidence, including other witnesses, dying declarations, and medical reports. Convictions under IPC Section 302 have been upheld even when some witnesses turned hostile, emphasizing the importance of corroborative evidence Kulsu Bibi VS State of Assam - Gauhati, Oorkaval Perumal VS State rep. by Inspector of Police - Crimes.
Analysis and Conclusion
- The effect of a hostile witness in IPC 302 trials is mitigated by the court's ability to consider supportive parts of their testimonies and corroborative evidence. While hostility may weaken a witness's reliability, it does not automatically nullify their evidence or the case. Courts tend to evaluate the overall credibility, consistency, and corroboration to arrive at a just verdict.
- References:
- RAJ BAHADUR A DENNY VS STATE OF DELHI - Delhi, ISLAM-UD-DIN ALIAS ISLAMU VS STATE OF DELHI - Delhi, Kulsu Bibi VS State of Assam - Gauhati, Thumallapally Koti Reddy VS State Of A. P. - Andhra Pradesh, M. Sarvana @ K. D. Saravana VS State of Karnataka - Supreme Court, GOPI VS STATE OF KARNATAKA - Karnataka, M. Sarvana @ K. D. Saravana VS State of Karnataka - Crimes, Chimanbhai Chhaganbhhai Gamit VS State of Gujarat - Gujarat, Oorkaval Perumal VS State rep. by Inspector of Police - Crimes
Search Results for "Ipc 302 Eye Witness Hostile during Trial Effect of such Witness"
1996 0 Supreme(Del) 215 • India - Delhi
MOHD.SHAMIM, P.K.BAHRI
The court also ruled that witness contradictions were expected due to the passage of time and upheld the credibility of the witness ... RIOTS - Indian Penal Code - Sections 147/148/149, 395/397/149, 436/149, 302/149 - The court discussed the evidence related to ... The court analyzed the delay in lodging the FIR, the identification of dead bodies, and the contradictions in witness statements. ... To the same effect are the statements of Public Witness 10 Jaswant Kaur ....
1996 0 Supreme(Del) 307 • India - Delhi
MOHD.SHAMIM, P.K.BAHRI
CRIMINAL APPEAL - SECTION 302, INDIAN PENAL CODE - MURDER - CONVICTION - EVIDENCE - SOLE WITNESS - RELIABILITY - CORROBORATION ... The court also found that Bholar was a truthful witness, as he had admitted to certain facts that were不利于prosecution's case. 3. ... The court also cited several Supreme Court precedents holding that a conviction can be based on the testimony of a single witness ... C. that Public Witness7 Bholar was hostile and inimically disposed towards ....
2020 0 Supreme(Gau) 6 • India - Gauhati
SUMAN SHYAM, HITESH KUMAR SARMA
Indian penal Code – Section 302 –Criminal Procedure Code – Section 313 –Torture, Dying declaration – The ... State of Maharashtra (Supra) and Ranjit Singh (Supra), Court is satisfied that the decision of the learned trial Court is consistent ... This witness was declared hostile by the prosecution and subjected her to cross-examination. ... This witness tried to douse the fire which caught the deceased. According to her, the deceased caught fire while she was in the kitchen. She did no....
1992 0 Supreme(AP) 617 • India - Andhra Pradesh
IYYAPU PANDURANGA RAO, V.SIVARAMAN NAIR
HELD:- Section 145 of the Evidence Act enables cross-examination of a witness ... INDIAN EVIDENCE ACT, Sec. 32 & 145 and INDIAN PENAL CODE Sec. 302 Requirements of valid dying declaration Explained - Two divergent ... IPC relaying on dying declaration of deceased wife - Sustainable. ... W. 10 filed charge-sheet and the accused was committed to stand trial before the Court of Sessions, Nalgonda. The prosecution examined P. Ws. 1 to 10 and marked Exs. P-1 to P-9. P. W. 1 was a hostile #H....
2012 5 Supreme 81 • India - Supreme Court
SWATANTER KUMAR, FAKKIR MOHAMED IBRAHIM KALIFULLA
(Paras 8) ... (b) Criminal Trial - Hostile witness - One of the witnesses ... declared hostile and not supporting prosecution - Not fatal - Part of the statement of a hostile witness which supports the case ... witness - No infirmity. ... We may notice, at this stage that the court can even take into consideration the part of the statement of a hostile witness which supports the case of the prosecution. ... There is, however, no b....
2018 0 Supreme(SC) 943 • India - Supreme Court
R.BANUMATHI, VINEET SARAN
(a) Criminal trial – Appreciation of evidence – Dehaati Nalishi filed by sole eye witness who had lost her four kith and kin – Some ... testimony if the only eye witness merely because she was a related witness – Evidence as whole having a ring of truth cannot be ... witness. ... The prosecution case revolves around the solitary testimony of eye-witness Kesar Bai (PW-1) which was accepted by the trial court as trus....
2000 0 Supreme(Kar) 384 • India - Karnataka
B.PADMARAJ, S.R.BANNURMATH
Indian Evidence Act, 1872-Section 154-Indian Penal Code, 1860-Section 300-Evidence of hostile witness-cannot be discarded in toto ... 45-Medical evidence regarding murder-doctor turning hostile from his statement made earlier to investigating officer-his statement ... ... Indian Penal Code, 1860-Section 300, Indian Evidence Act, 1872-Section ... W. 15, another eye-witness to the incident and a close relative of the accused. P. W. 15 is the maternal uncle of the accus....
• India - Crimes
SWATANTER KUMAR, FAKKIR MOHAMED IBRAHIM KALIFULLA
(Paras 8) ... (b) Criminal Trial – Hostile witness – One of the witnesses ... declared hostile and not supporting prosecution – Not fatal – Part of the statement of a hostile witness which supports the case ... witness – No infirmity. ... 10.We may notice, at this stage that the court can even take into consideration the part of the statement of a hostile witness which supports the case of the prosecution. ... It is not necessar....
2008 0 Supreme(Guj) 345 • India - Gujarat
C.K.BUCH, H.B.ANTANI
Appellant No. 2 also deserves benefit of doubt as it is found risky to convict Appellant No. 2 on the strength of evidence of sole eye-witness ... witnesses — Injury on the back of the deceased is not found supported by the medical evidence — Injured witness has not supported ... Appellant Nos. 2 and 3 and to hold Appellant No. 2 guilty for the charge of offence punishable under Section 302 of the Indian Penal ... The evidence of hostile witness would not help any of ....
• India - Crimes
M.KARPAGAVINAYAGAM, P.THANGAVEL
wife of deceased, PW 2 tea stall owner and PW 5 a customer in tea stall were the eye-witnesses — PW 2 and PW 5 tur-ned hostile during ... (i) Indian Penal Code, 1860 — Sections 302/149 — Appellants armed with deadly weapons assaulted deceased at a tea stall — PW 1 ... trial — Conviction based on testimony of PW 1 — Appeal — Deceased was convicted for murder of brother of A3 to A5 and had come on ... Further-more, another independent witness P.W. 5 Periasamy, one of the eye....
Filter by Legal Phrase
