Pages

▼
Showing posts with label hostile witness. Show all posts
Showing posts with label hostile witness. Show all posts
Thursday, 28 May 2026

SC Clarifies: Failure Of Conspiracy Charge Does Not Erase Individual Guilt In Bribery Traps

›
As rightly observed by the High Court, there was neither proof of demand nor acceptance by A1 but for the statement of PW1 that A2 demanded ...
Wednesday, 27 May 2026

Supreme Court: Under which circumstances, evidence of hostile witness can be used to acquit accused?

›
8.4.2. Thus, the evidence of the hostile witness is admissible, once it gets strengthened with the help of other evidence. In Khujji (supra)...
Friday, 22 August 2025

Supreme Court: Revisional court can not set aside acquittal of accused relying on police or S 164 CRPC statement of witness if that witness has turned hostile to prosecution case

›
 It appears that the High Court relied upon the police statement of PW-7 recorded Under Section 161 of the Code of Criminal Procedure instea...
Sunday, 18 May 2025

Bombay HC: How to appreciate evidence of eye witness of accident in motor accident claim petition when said witness was relative of claimant?

›
Second witness of the claimant is Balasaheb Bongane CW-3. He states that he was proceeding on his motorcycle and witnessed the offending jee...

Bombay HC: Whether motor accident claim tribunal should rely on evidence of witness who is declared hostile in criminal court relating to same accident?

›
Mr. Choudhary, submits that evidence of eye witness is absolutely unreliable. They are got up witnesses. Perusal of evidence of CW 2 Santosh...
Tuesday, 27 August 2024

Whether the court can convict accused in pocso case if victim and her family members have turned hostile?

›
  • Law on the point of hostile witness 7. The principle on the point of considering the part of testimony of hostile witness comes into pic...
Monday, 26 August 2024

What is object of recording statement of victim by audio video means as per S 26(4) of Pocso Act ?

›
  • About digital evidence 28. When entire judgment is perused, the trial court has not made any comment about the digital evidence produced...

Whether trial court is justified in convicting Appellant only on basis of corroborative evidence particularly when there is no substantive evidence?

›
Criminal - Conviction - Appeal against - Sections 376(2)(f) of Indian Penal Code, 1860 (IPC), Sections 3, 4, 8 and 12 of Protection of Child...
Saturday, 24 December 2022

Whether the court should acquit public servant in the case of Prevention of Corruption Act if the Complainant Dies or Turns Hostile?

›
  (f) In the event the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence during trial, demand of illegal gra...

Whether the court can convict public servant under Prevention of Corruption Act on the basis of circumstantial evidence?

›
(f) In the event the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence during trial, demand of illegal grati...
Saturday, 22 October 2022

Whether government servant turning hostile in Session trial amounts to misconduct?

›
Having heard the learned counsel for the parties, we first examine  Petitioner's contention that the act of turning hostile does not amo...
Tuesday, 22 March 2022

Whether the court can compel victim of sexual offence to reproduce minute details of sexual offence?

›
 A Division Bench of this Court following the said  judgment of the Apex Court in DOULA v. THE STATE Criminal Appeal No.100260/2016 decided ...

Whether the court can permit public prosecutor to cross examine victim under POCSO Act if she turns hostile?

›
  In the trial,  recording of evidence of prosecution witnesses commenced on  16-09-2019 on which day the victim turns hostile. On her  turn...
Friday, 18 December 2020

Whether prosecution can cross-examine hostile witness with his statement recorded by investigating officer who was not authorized to investigate the case?

›
 Section 162, Criminal P.C., has been enacted for the protection of an accused person. To hold that a statement, made during the course of a...
Thursday, 21 November 2019

Whether defence can rely on evidence of hostile witness?

›
The evidence of a hostile witness cannot be discarded as a whole, and relevant parts thereof which are admissible in law, can be used by th...
Saturday, 29 December 2018

Whether prosecution can disown its own witness without declaring her hostile?

›
 PW 16 is an employee of the Municial Council, Chandrapur and her evidence considering her duty is very important. Admittedly, she is Inc...
Friday, 28 December 2018

When court should disregard evidence of doctor that injury was due to fall?

›
  Under Section 161, Code of Criminal Procedure confirming the sexual assault on her after she turned hostile, contending that she had suff...
Saturday, 10 June 2017

Whether accused can be convicted in corruption case even if complainant turns hostile?

›
We have read and considered the evidence of PW-5 in its entirety. So far as demand made by the accused is concerned, accused PW-5 is cle...

Whether court can convict accused on basis of testimony of hostile witness?

›
 The evidence of a witness who has been declared hostile can be relied if there are some other material on the basis of which said evid...
Monday, 1 May 2017

Whether public prosecutor can be permitted to refresh memory of witness without declaring him hostile?

›
In light of the above referred legal position, when we consider the deposition of complainant   Gurjibhai Isrambhai Nayak PW 8 recorded ...