Histile witness evidence considered or not
Ankit
(Querist) 17 November 2018
This query is : Resolved
Abhiyojan ka gavah court mein hostile ho gaya. Gavah ne jo abh�yojan ke virodh mein jo sakshya diye, judge order mein kya usse consider kar sakta hai?
Sorry for the mix language, I was not able to transalte my dad's query so I have posted like this only.
Thanks in advance.
Dr J C Vashista
(Expert) 18 November 2018
Unable to follow you, consult a local senior/prudent lawyer.
Kumar Doab
(Expert) 18 November 2018
GO thru;
Indian Evidence Act, 1872
143. When they may be asked
145. Cross–examination as to previous Statements in writing
154. Question by party to his own witness
Witness has a duty to speak/disclose/bring out truth, even IF IT goes against the party that has called him/her. If court feels/is convinced that attitude of witness is destructive of his duty to speak truth then court may involve judicial consideration.
The evidence may not be rejected in toto of hostile witness.
Your own counsel is to help you.
Kumar Doab
(Expert) 18 November 2018
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influnecial persons etc and/or find a very able LOCAL counsel/Law firm specializing in concerned filed of law e.g; Criminal/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g; Civil courts, HC, SC …
Show all docs and obtain proper written legal opinion.
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Criminal/Civil matters.
If you are not satisfied with current counsel then engage another very able LOCAL counsel to defend your interest.
