AI Overview...
- Panch Witness Turning Hostile - Main Points and Insights:
- Multiple cases indicate that the panch witness's hostility often leads to the failure of prosecution to prove seizure or other evidence, resulting in acquittals or setting aside convictions (e.g., Pothabathula Abbulu VS State of Andhra Pradesh - Andhra Pradesh, Parmeshwar s/o Watuji Sidam VS State of Maharashtra - Bombay, Mohamad Kasim Alijan VS State of Maharashtra - Bombay, State of Gujarat VS Kiran Kirana Store - Crimes, Nallala Ram Reddy VS Commissioner, Prohibition & Excise of A. P. - Andhra Pradesh).
- Turning hostile is frequently cited as a reason for the inadmissibility or unreliability of evidence such as seizure, sampling, or identification (e.g., State of Maharashtra VS Shri Somdas Pandurang Wanjari - Bombay, Rajkot Municipal Corporation VS State of Gujarat - Gujarat).
- Despite the hostility of panch witnesses, courts sometimes consider the overall circumstances, but often the lack of corroborative evidence due to hostility weakens the case.
-
Hostility of the panch witness does not automatically lead to acquittal; courts assess the totality of evidence, but a hostile witness's testimony is generally viewed as detrimental to the prosecution's case (Parmeshwar s/o Watuji Sidam VS State of Maharashtra - Bombay, ASSISTANT COLLECTOR, CENTRAL EXCISE, I. D. C. JABALPUR VS NARESH KUMAR JAIN - Madhya Pradesh, Assistant Collector, Central Excise, I. D. C. Jabalpur VS Naresh Kumar Jain - Crimes).
-
Analysis and Conclusion:
- The hostility of a panch witness significantly impacts the evidentiary value of seizure and sampling in criminal trials, often resulting in the court's inability to uphold the prosecution's case.
- Courts recognize that witnesses may turn hostile for various reasons; thus, the mere fact of hostility does not always lead to adverse judgments but often weakens the prosecution's position.
- Proper procedural adherence and corroborative evidence are crucial to mitigate the adverse effects of a hostile panch witness.
- Overall, the turning hostile of a panch witness is a common and critical factor in judicial decisions, often contributing to acquittals or the setting aside of convictions where evidence relies heavily on such witnesses.
Search Results for "Panch Witness Hostile"
2021 0 Supreme(AP) 459 • India - Andhra Pradesh
R.RAGHUNANDAN RAO
EXCISE ACT, 1968 - SECTION 34(A) - CONVICTION - SET ASIDE - PANCH WITNESS TURNING HOSTILE - SEIZURE OF ILLICIT LIQUOR NOT PROVED ... The court also found that the seizure of illicit liquor was not proved, as the panch witness had turned hostile and the evidence ... The court held that the seizure of illicit liquor was not proved, as the panch witness had turned hostile and the evidence of the ... In the present case, the p....
2005 0 Supreme(Bom) 1448 • India - Bombay
J.N.PATEL, R.C.CHAVAN
Evidence Act, 1872 - Section 3 - Hostile witness. - Panch witness declared hostile that itself not sufficient reason for acquittal ... Refusal of the hostile witnesses to state anything beyond having seen the accused with the victim would not permit the learned Trial Judge to infer what witnesses had not stated. ... P.W.I Dewaji, P.W.3 Keshao, P.W.4 Shrawan, P.W.6 Vishweshwar, P.W.7 Govinda and P.W.9 Pradip, all of whom have been declared hostile, state only that the ....
1975 0 Supreme(Bom) 111 • India - Bombay
D.B.PADHYE
witness had turned hostile. ... WITNESS TURNING HOSTILE - ADMISSION OF PANCHNAMA - SUFFICIENCY OF EVIDENCE - NON-EXAMINATION OF MESSENGER WHO TOOK SAMPLES TO CHEMICAL ... had turned hostile. ... The prosecution examined the Police Sub-Inspector Patil and one of the Panch-witness Hanumant Yeshwant Kale. The panch-witness has turned hostile and was declared beside and was cross-examined by the Public Prosecutor. ... ....
• India - Crimes
K.J.THAKER
The panch witness has turned hostile. ... witness turned hostile —Nothing produced or pointed out to rebut conclusion of Magistrate Court — HELD — From evidence itself established ... Prevention of Food Adulteration Act, 1954 — Sections 2(19, (9) & (2)(1a) — Criminal Procedure Code, 1973 — Section 378 — Acquittal — Panch
• India - Bombay
Section 302 read with Section 34-Accused-Convictlon of based on evidence not reliable as eye-witness and panch witness turned hostile
2011 0 Supreme(Guj) 720 • India - Gujarat
Z.K.SAIYED
witness turned hostile - Sanction given by prosecution was mechanical and thereby committed breach of mandatory requirement under ... followed mandatory provisions during sealing and seizing sample - Prosecution failed to prove its case beyond reasonable doubt - Panch ... The panch witness has turned hostile. Even in the present appeal, nothing is produced or pointed out to rebut the conclusion of the trial Court.
2012 0 Supreme(Bom) 1784 • India - Bombay
A.R.JOSHI
witness turned hostile and sole evidence of complainant was not sufficient to prove charges against accused therefore acquittal ... ... Where complainant adopted erroneous procedure of sampling and panch ... The trial was conducted in which three prosecution witnesses were examined including the complainant Food Inspector and two panch witnesses, in whose presence, alleged samples were taken from one of the milk containers/cans, out of total 8 milk cans. ... Finding the evidence of complainant PW 1 not reliable to bring....
1983 0 Supreme(MP) 198 • India - Madhya Pradesh
M.D.BHATT
witness becoming hostile-Appeal against acquittal-Material contradiction with regard to search and seizure throwing doubt as to ... respondent-accused under-Acquittal by trial Court due to material contradictions, in oral testimony of two excise officers after Panch ... Normally, no capital can be made out of the circumstance that the Panch witness, supposed to be an independent witness, was found to have turned hostile because, it is a common experience during trials....
• India - Crimes
M.D.BHATT
witness becoming hostile-Appeal against acquittal-Material contradiction with regard to search and seizure throwing doubt as to ... respondent-accused under-Acquittal by trial Court due to material contradictions, in oral testimony of two excise officers after Panch ... Normally, no capital can be made out of the circumstance that the Panch witness, supposed to be an independent witness, was found to have turned hostile because, it is a common experience during trials....
2008 0 Supreme(AP) 497 • India - Andhra Pradesh
V.ESWARAIAH
witness turning hostile and the there was some lapse and delay in sending the report, therefore it was observed that the prosecution ... ground that the criminal case against the petitioner is dismissed where the acquittal of the petitioner was due to the fact of the panch ... A perusal of the judgment of the criminal Court goes to show that the petitioner was acquitted mainly on the ground that the panch witness have become hostile and that there was some lapse and delay in sending th....
Filter by Legal Phrase
