AI Overview...
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Testimony of Hostile Witnesses - Such testimony should not be entirely discarded; portions supporting the prosecution can be considered credible and valuable Rajendra VS State of U. P. - Allahabad, Lal Chand VS State of Rajasthan - Rajasthan, Krishan Chand vs State of Himachal Pradesh - Himachal Pradesh, Mahtab Alam @ Safullah VS State of U. P. - Allahabad, Dharmendra VS State of U. P. - Allahabad.
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Legal Principles - Courts are advised to scrutinize hostile witnesses carefully, corroborate their statements with other evidence, and avoid outright rejection solely based on their hostility or contradictions in their statements Lal Chand VS State of Rajasthan - Rajasthan, Krishan Chand vs State of Himachal Pradesh - Himachal Pradesh, Mahtab Alam @ Safullah VS State of U. P. - Allahabad.
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Corroboration and Reliability - The evidence of hostile witnesses can be deemed reliable if supported by other witnesses or evidence; marginal variations do not render their entire testimony unreliable Lal Chand VS State of Rajasthan - Rajasthan, Mumtaj Ahmed VS State of J and K - Crimes, Mahtab Alam @ Safullah VS State of U. P. - Allahabad.
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Exceptions and Cautions - Courts should be cautious and seek corroboration when relying on hostile witnesses, but complete discard of their testimony is generally inappropriate unless entirely uncorroborated and unreliable Rajendra VS State of U. P. - Allahabad, Manoj VS State of Rajasthan - Rajasthan.
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Impact on Convictions - Courts have upheld convictions based on hostile witnesses' testimonies when parts of their statements support the case, emphasizing that only unsupported or contradictory parts may be disregarded State of Bihar VS Niranjan @ Alakh Deo Kumar - Crimes, Dharmendra VS State of U. P. - Allahabad.
Analysis and Conclusion:
The prevailing legal view, supported by multiple Supreme Court judgments, is that the testimony of hostile witnesses should not be wholly rejected. Instead, courts must evaluate such testimony critically, corroborate where possible, and consider the parts that support the prosecution case. This approach ensures fair assessment of evidence and prevents the unjust exclusion of potentially valuable testimony Rajendra VS State of U. P. - Allahabad, Lal Chand VS State of Rajasthan - Rajasthan, Krishan Chand vs State of Himachal Pradesh - Himachal Pradesh.
Search Results for "Testimony of Hostile Witnesses can Not be Discarded"
2019 0 Supreme(All) 561 • India - Allahabad
PRADEEP KUMAR SRIVASTAVA
Finding of the Court: Testimony of hostile witnesses shall not be completely discarded ... of hostile witnesses shall not be completely discarded and the part of the statement which supports the prosecution version can ... motorcycle and golden chain and harassing the deceased for non fulfillment of demand of dowry – Appeal against conviction – Held, Testimony ... The principle of law as laid down by different jud....
2004 0 Supreme(Raj) 146 • India - Rajasthan
SHIV KUMAR SHARMA, F.C.BANSAL
in the FIR, only one injury was caused – Other eye witnesses were declared hostile – Held – The testimony of witnesses cannot be ... discarded only on this ground that he/she was not named in the FIR – Portion of evidence being advantageous to the parties may be ... Penal Code, Sec. 302 – Discarding the testimony of witness on the ground that he was not named in the FIR – Accused appellant caused ... On close and careful scrutiny of the tes....
1984 0 Supreme(Raj) 46 • India - Rajasthan
D.L.MEHTA, S.S.BYAS
prosecution story —Hostile attitude does not diminish direct testimony of eye witnesses (para 11)(c) Criminal Trial—Relative witness—Evidence ... not to be discarded solely on this ground—Such witnesses do not leave the real assaillant and substitute innocent person. ... (para 8)(b) Criminal Trial—Evidenciary value of hostile witness—Other eye witnesses and injuries on the person of accused support ... Any way, his....
2022 0 Supreme(Chh) 406 • India - Chhattisgarh
DEEPAK KUMAR TIWARI
, their testimony cannot discarded - In that view of matter, appellate Court has not committed any illegality or infirmity in judgment ... - It is well settled law that official witnesses are also reliable witnesses and only because seizure witnesses have turned hostile ... documents - So offence has been registered - In cross-examination of this witness, nothing has been elicited which discredited his testimony ... It is well settled law that offici....
2001 0 Supreme(Raj) 1840 • India - Rajasthan
BHAGWATI PRASAD, JAGAT SINGH
support the prosecution case - Eye-witness's presence at the spot is also not free from doubt - Bag seized by police was lying near ... the dead body & eyes & jaws were found in it - Motive of the offence could not be established and offence weapon was not recovered ... was filed against conviction in a murder case - The case was based on circumstantial evidence - Witness of the prosecution did not ... Her statement has been sought to be corroborated by the testimony of P.W.10 Hakra, P....
• India - Crimes
SANJAY KAROL, S.KUMAR
(Paras 54 and 55) (E) Criminal Law – Appreciation of evidence – Testimony of Hostile Witnesses – Entire testimony ... of hostile witness need not be discarded – Deposition of hostile witness to the extent that it supports case of Prosecution can ... on motive not inspiring confidence – Save and except for oral version of witnesses which also are uninspiring, there is nothing ... Testimony of #HL_S....
2024 Supreme(Online)(HP) 2489 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN,J, SUSHIL KUKREJA,J
(2010) 9 SCC 567 the Hon'ble Supreme Court held that the evidence of a hostile witness cannot be discarded as a whole. The relevant portion of the aforesaid judgment reads as under: "81. ... The court should be slow to act on the testimony of such a witness, normally, it should look for corroboration with other witnesses. Merely because a witness deviates from his statement made in the FIR, his evidence cannot be held to be totally unreliable. ... Mere marginal variation and contradiction in the statements of the #HL_STA....
2019 0 Supreme(All) 1053 • India - Allahabad
PRADEEP KUMAR SRIVASTAVA
of a hostile witness and its probative value, emphasizing the need for close scrutiny and consideration of the witness's credibility ... Issues: The issues revolved around the credibility and probative value of the testimony of a hostile witness, the application ... Finding of the Court: The court found that the trial court's reliance on the testimony of the hostile witness to record ... The principle of law as laid down by different judgements of the Supreme Court that the #HL_STAR....
2019 0 Supreme(All) 562 • India - Allahabad
PRADEEP KUMAR SRIVASTAVA
1860 – Section 302 Section 498A, 304B – Demand of Dowry – Abatement of suicide – Appeal against conviction – Held, Prosecution has not ... Finding of the Court: Prosecution has not been able to discharge the burden of proving ... The principle of law as laid down by different judgments of the Supreme Court that the testimony of hostile witnesses shall not be completely discarded and the part of the statement which supports the prosecution version can always be taken ....
• India - Crimes
HAKIM IMTIYAZ HUSSAIN, J.P.SINGH
against conviction—Testimony of Police Official witnesses was not to be discarded only on ground that there was no corroboration ... by the witnesses on the basis of their status. ... The statement of a witness cannot thus be discarded merely because of this status as a police official.
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