AI Overview...
-
Recalling Witnesses after Hostility - Courts have the authority to recall witnesses, including victims, when they turn hostile to verify the truth and gather corroborative evidence. This process is justified especially when the medical or other evidence supports the prosecution's version, and the witnesses' initial testimony was crucial DHEERAJ VS STATE OF UTTAR PRADESH - Allahabad.
-
Hostile Witnesses and Their Reliance - Even if witnesses, including victims or panch witnesses, turn hostile, their testimonies can still be relied upon to the extent they support the case, especially when corroborated by other evidence. The court can use the admissible parts of their testimonies in favor of the prosecution or defense Sanjay VS State Of Haryana - Punjab and Haryana, High Court of Karnataka Represented by Registrar General, Bangalore VS Syed Mohammed Ibrahim - Karnataka, VICKY Vs STATE OF N.C.T. OF DELHI - Delhi.
-
Court's Discretion to Recall Witnesses - Courts are justified in recalling witnesses (PW-1, PW-4, PW-5) for re-examination when they initially turn hostile for extenuating reasons, to prevent miscarriage of justice. The decision to recall is considered appropriate to ascertain the truth Munilakshmi VS Narendra Babu - Supreme Court.
-
Impact of Hostility on Justice - Witness hostility, whether due to personal reasons or external influences, can cause damage to the pursuit of justice. However, courts have emphasized that the prosecution's duty is to prove its case beyond reasonable doubt, and the testimony of hostile witnesses can still be valuable if supported by other evidence Ashish Kumar vs State of Punjab - Punjab and Haryana.
-
Specific Case Examples - In sexual assault cases under the POCSO Act, detailed victim testimony is vital. Courts have recognized that even hostile witnesses' statements may be partially relied upon if corroborated, and recalling witnesses is a legitimate tool to establish facts Sanjay VS State Of Haryana - Punjab and Haryana.
-
Overall Analysis and Conclusion - The legal approach permits courts to recall witnesses, including victims, after they turn hostile, to uncover the truth. The admissibility of their testimony, even when hostile, depends on corroboration and the context. This ensures that justice is not thwarted by witness hostility, and the court's discretion to recall witnesses is a crucial safeguard in criminal trials DHEERAJ VS STATE OF UTTAR PRADESH - Allahabad, Munilakshmi VS Narendra Babu - Supreme Court, High Court of Karnataka Represented by Registrar General, Bangalore VS Syed Mohammed Ibrahim - Karnataka.
References: - DHEERAJ VS STATE OF UTTAR PRADESH - Allahabad - Munilakshmi VS Narendra Babu - Supreme Court - Sanjay VS State Of Haryana - Punjab and Haryana - Mahindra and Mahindra Ltd. VS Manoj s/o. Sukhdeo Deshpande - Bombay - Ashish Kumar vs State of Punjab - Punjab and Haryana - High Court of Karnataka Represented by Registrar General, Bangalore VS Syed Mohammed Ibrahim - Karnataka - Krishnan Sridaran Rajendran @ Krishnan Seedaran Rajendran @ Madan VS State rep by The Intelligence Officer Directorate of Revenue Intelligence Chennai - Madras - VICKY Vs STATE OF N.C.T. OF DELHI - Delhi - SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION VS UNION OF INDIA - Supreme Court
Search Results for "Recalling of Victim by Prosecution after she Turns Hostile"
2008 0 Supreme(All) 237 • India - Allahabad
BARKAT ALI ZAIDI
father of victim named accused in FIR—Who turned hostile—Trial Judge has done right thing, in recalling witnesses in order to ascertain ... with a view to discover truth—In present case medical report supports prosecution version—That victim was subjected to sexual assault—Informant ... witnesses for re-examination—After they turned hostile—Allegation that trial Judge threatened prosecution witness—By saying that ... The judge has done the right thing, in recalling th....
2023 7 Supreme 253 • India - Supreme Court
SURYA KANT, DIPANKAR DATTA
hostile for extenuating reasons and is reluctant to depose unvarnished truth, it will cause irreversible damage to administration ... Findings of Court: It a case fit for recalling witnesses (PW-1, PW-4 and PW-5) for their ... Grant of – Challenge as to – Charge of murder of wife – Witnesses play a very vital role in bringing justice home – If a witness turns ... If a witness turns hostile for extenuating reasons and is reluctant to depose the unvarnished truth, it will cause irreversible damage to the....
2022 0 Supreme(P&H) 1159 • India - Punjab and Haryana
RITU BAHRI, ASHOK KUMAR VERMA
During the trial, the victim identified the accused and provided a detailed account of the assault. ... Fact of the Case: Conviction - Sexual Assault - POCSO Act - [SEXUAL ASSAULT] - [POCSO ACT, Section 4] - The court discussed the evidence of the victim ... State of Karnataka, (2010) 6 SCC 533 that the deposition of a hostile witness can be relied upon at least upto the extent he supported the case of the prosecution. In State of Gujarat v. ... Furthermore even when the appellant moved an application dated 02.09.2014 u....
2006 0 Supreme(Bom) 1485 • India - Bombay
B.P.DHARMADHIKARI
In this case, the Hon Apex Court notes that ordinarily a person is victimised, if he is made a victim or a scapegoat and is subjected to persecution, prosecution or punishment for no real fault or guilt of his own, in the manner, as it were, of a sacrificial victim. ... If the employer was really systematic in recalling employees back for duty/work, the employer could have produced the waiting list or seniority list as maintained on any date in 1998 or 1999 or even 2000. ... According to him in present cases, all complai....
2025 0 Supreme(P&H) 260 • India - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK SIBAL, LAPITA BANERJI
The inmate culture of prison turns out to be dreadful. The prisoner becomes hostile by ordinary standards. Self-perception changes. 23. ... On behalf of the prosecution, another order of a coordinate Bench passed on 18-1-2024, in the case of Mazhar Khan v. NIA was cited. ... As in all other criminal offences, the prosecution has to discharge its onus of proving the case against the accused beyond reasonable doubt. ... After filing of the charge-sheet, the prosecution was only able to examine 42 witnesse....
2014 0 Supreme(Kar) 704 • India - Karnataka
N.KUMAR, RATHNAKALA
hostile, the same can still be relied upon, more so, when it is otherwise corroborated by the prosecution evidence. ... Rathnakala, JJ] Panch witness - If panch witnesses turn hostile, which happens very often in criminal cases, the evidence of the ... Even if the panch witnesses turned hostile, which happens very often in criminal cases, the evidence of the person who effected recovery ... It must be realized that the phenomenon of panch witnesses turning hostile to the prosecution is....
2017 0 Supreme(Mad) 3928 • India - Madras
P.N.PRAKASH
It may also be that, after joining the search, he might have turned hostile. In such cases, the evidence of the Police Officer cannot be disbelieved. ... Terrorism in Punjab reached its pinnacle in the early 1980's and Smt.Indira Gandhi, the then Prime Minister, fell victim to the bullets of her own bodyguards. ... Therefore, this Court, in exercise of the powers under Section 391 Cr.P.C., passed an order dated 27.11.2017 for recalling P.V.Jayaraman [P.W.1]. ... 9. ... act charged as an offence in that prosecution. ... T....
1978 0 Supreme(SC) 235 • India - Supreme Court
D. A. DESAI, P. N. SHINGHAL, S. MURTAZA FAZAL ALI, V. R. KRISHNA IYER, Y. V. CHANDRACHUD
'The helmet' is put over the head of a torture victim to magnify his own screams. In 'the hook', the victim is hoisted off the ground by his hands, which are tied behind his back in such a way that the stretching of the nerves often causes paralysis of the arms. ... Civilised consciousness is hostile to torture within the walled campus. We hold that solitary confinement, cellular segregation and marginally modified editions of the same process are inhuman and irrational. ... It is worthwhile recalling the observations of....
2023 Supreme(Online)(DEL) 18744 • India - High Court of Delhi
The evidence of a hostile witness cannot be discarded as a whole merely because the prosecution chose to treat him as hostile, and the relevant parts of evidence which are admissible in law can be used by the prosecution or the defence. ... turned hostile after supporting the case of prosecution on all previous occasions and as to how the matter would have been „compromised‟ between the mother of the victim and the accused persons. ... In the present case, due to lon....
2015 8 Supreme 65 • India - Supreme Court
JAGDISH SINGH KHEHAR, J.CHELAMESWAR, MADAN B.LOKUR, KURIAN JOSEPH, ADARSH KUMAR GOEL
My feelings are so strongly engaged as a victim of the practice in controversy that I had better not participate in judicial judgment upon it. ... Most of the instances, illustratively mentioned by the President of the Supreme Court Bar Association, pertained to criminal prosecutions. The adjudication of such controversies is dependent on the adequacy of evidence produced by the prosecution. ... That great Judge was fond of recalling Cromwell’s statement : “I beseech ye in the bowels of Christ, think that ye may be mista....
Filter by Legal Phrase
