AI Overview...
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Victim Turns Hostile - Witnesses (PWs 1-4) turned hostile, yet evidence suggests accused near the victim with weapons, causing injuries. The victim was pierced in the left arm and beaten, after which the accused fled. The court inferred guilt based on the circumstances despite hostile witnesses. Om Prakash VS State - Rajasthan
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Hostile Witnesses and Evidence - Several witnesses, including PWs 4-6, were declared hostile; P.W. 3, the victim's brother, did not support the prosecution's case of torture. The credibility of hostile witnesses affects the case but does not necessarily negate guilt if other evidence supports the prosecution. Samir Samanta VS Stale of West Bengal - Calcutta, Samir Samanta VS State of West Bengal - Crimes, Samir Samanta VS State - Crimes
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Harassment and Cruelty - Witnesses (PWs 8-10) testified about harassment of the victim about 1.5 months prior to the incident. The court found sufficient grounds to convict the accused under cruelty sections (498A), although P.W. 3 did not support allegations of torture. The degree and pattern of conduct are relevant to establishing cruelty. Samir Samanta VS State - Crimes, SAMIR SAMANTA VS STATE - Calcutta
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Victim's Identity and Sexual Offences - Disclosure of sexual offence victims' identities is penalized; compensation awarded (Rs. 13 Lacs) for trauma and injury. Proper judicial procedures ensure victim privacy and uphold legal standards in sexual offence cases. GAYA PRASAD PAL @ MUKESH VS STATE - Delhi
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Evidence and Acquittal - Acquitted accused benefited from the doubt due to lack of participation or corroboration. Hostile witnesses' testimony alone cannot undermine the prosecution if other evidence is strong. The court emphasized thorough examination of evidence, including hostile testimonies. Anirudh Kumar Nayak, S/o. Late Budhwa Nayak VS State of Jharkhand - Jharkhand
Analysis and Conclusion
Despite witnesses turning hostile, the evidence—such as injuries inflicted near the victim and prior harassment—supports the conviction of the accused for cruelty and causing injuries. The victim's hostility during trial does not automatically negate the case, especially when other witnesses and circumstantial evidence point to guilt. The court also maintains the importance of protecting victim identity in sexual offence cases. Overall, the case underscores that hostile witnesses do not necessarily weaken the prosecution if corroborated by other substantive evidence.
Search Results for "Victim Turns Hostile Gained by Step Father Accused"
2009 0 Supreme(Raj) 1823 • India - Rajasthan
N.P.GUPTA, C.M.TOTLA
present appeal is against the conviction – Here as per facts stated that the evidences given where witnesses PWs 1,2,3,4 turned hostile ... Then if such number of accuseds are standing near the victim, duly armed with the weapons, and injureds are lying, having received fresh injuries, it can reasonably be believed, that the accused person did cause the injuries. ... Sariya was pierced into his left arm, and after giving beating to him all the accused persons ran away. He has stated that till he #HL_STA....
1991 0 Supreme(Cal) 258 • India - Calcutta
M.G.Mukherji, G.R.Bhattacharjee
was modified to reduce the Rigorous Imprisonment to three years, while maintaining the fine of rupees two thousand on each of the accused-appellants ... He rather asserts that his sister lived happily with the accused, Samir. The other witnesses who were also declared hostile by the prosecution are P.W. 4, Dipendu Chatterjee, P.W.5, Nemai Mondal, P.W.6, Smt. ... A very significant aspect of this case is that P.W. 3 Baldeb Rakshit who is the brother of the victim does not support the prosecution case of ....
• India - Crimes
GITESH RANJAN BHATTACHARJEE, MUKUL GOPAL MUKHERJEE
P.Ws.8, 9 and 10 speak about a specific instance of harassment of the victim about 1-1/2 months before the occurrence over outstanding ... unjust to the woman, but it is further necessary that the degree of intensity of such unjust conduct on the part of the accused ... Therefore, under clause (a), in order to constitute cruelty it is not enough that the conduct of the accused is wilful and is offensively ... W.3 Baldeb Rakshit who is the brother of the victim does not support the prosecution case of torture on his siste....
2016 0 Supreme(Del) 4366 • India - Delhi
GITA MITTAL, R.K.GAUBA
of sexual offences - Improper disclosure of the identity of the victim of such offences entails sanction in penal law - All the ... with respect to the loss suffered but also injury /aftermath as a result of crime - Compensation of Rs. 13 Lacs is awarded to the victim ... trial courts shall ensure that the identity of the victim in cases involving sexual offences shall not be disclosed anywhere on judicial ... If the acts alleged to have been committed by the accused are proved at the trial and if it is also established ....
1991 0 Supreme(Cal) 301 • India - Calcutta
MUKUL GOPAL MUKHERJEE, G.R.BHATTACHARJEE
The prosecution alleged that both the accused, Samir and his mother, Sabitri Bala Samanta, subjected the deceased to cruelty and ... However, it found that the accused were guilty of cruelty under Section 498A(b) of the IPC based on an incident of harassment over ... Final Decision: The Court upheld the conviction of the accused under Section 498A of the IPC but set aside the conviction ... Since P.W. 3 Baldeb Rakshit did not support, while in the witness box, the allegation of torture upon his sister, the victim by the....
• India - Crimes
MUKUL GOPAL MUKHERJEE, GITESH RANJAN BHATTACHARJEE
Indian Penal Code, 1860 - Sections 306 and 498A - Trial Court convicted and sentenced accused persons on both counts - Code of Criminal ... Section 386 - PW's 8, 9 and 10 spoke about specific instance of harassment of the victim - No sufficient ground to discard their ... He rather asserts that his sister lived happily with the accused, Samir. The other witnesses who were also declared hostile by the prosecution are P.W. 4, Dipendu Chatterjee, P.W.5, Nemai Mondal, P.W.6, Smt. ... Since P.W. 3, Baldeb Ra....
• India - Crimes
MUKUL GOPAL MUKHERJEE, GITESH RANJAN BHATTACHARJEE
P.Ws. 8 9and 10 speak about a specific instance of harassment of the victim about 1 1/2 month before the occurrence over outstanding ... We therefore, find the accused-appellants guilty of cruelty under clause (b) of section 498A I.P.C. ... unjust to the woman, but it is further necessary that the degree of intensity of such unjust conduct on the part of the accused ... Since P.W. 3 Baldeb Rakshit did not support, while in the witnesses box, the allegation of torture upon his sister, the victim, by the accused#....
• India - Crimes
K.JAYACHANDRA REDDY, M.FATHIMA BEEVI, S.RATNAVAL PANDIAN
relations with the wife of the deceased - His visits to her house were resented and objected - On the date of the occurrence, the accused ... deceased resulting in instantaneous death of the deceased - Right of private defence cannot be pleaded in these circumstances - The accused ... reasonable doubt arises in this regard then only it world be reasonable to infer that Clause Thirdly is not attracted and that the accused ... In that case, a single head injury was inflicted by a college student on the deceased with a weapon supplied by his....
2015 0 Supreme(Ori) 561 • India - Orissa
S.K.SAHOO
Merely because the informant is gained over by the accused persons or compromises the dispute with the accused in a case or turns hostile during trial, the prosecution case cannot fail, if there are other victims and the prosecution case is otherwise established. ... ... Even though the Section 439 Cr.P.C. does not provide for hearing of an informant of the case or a de facto complainant or a victim or an aggrieved party at the time of consideration of the bail appli....
2023 0 Supreme(Jhk) 1185 • India - Jharkhand
SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Acquitted accused were granted benefit of doubt as the prosecution did not establish a conspiracy. ... , 120-B, and 34 - Arms Act - Section 27(1) - Acquittal Appeal - The High Court examined the conviction and acquittal of various accused ... The acquitted accused did not participate in the crime as per established evidence and their presence was not sufficiently corroborated ... The statement of a witness who turns hostile to the prosecution cannot be relied upon by the defense and a part of the testim....
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