HOSTILE WITNESS
Arvind Singh Chauhan
(Querist) 15 January 2010
This query is : Resolved
Sir,
In a criminal case one prosecution witness got hostile. When there was my turn to cross examine,learned magistrate said, "if the witness turns hostile defence has no right to cross examine him, only prosecution has right". I wanted to draw out some more favourable points from this witness by cross examining him, but court objected and directed to show the provision.
Now the matter has been academic. Sir please guide me whether court's version is right. If no, plz suggest the provision or citation.
N RAMESH.
(Expert) 16 January 2010
Section 154 of Evidence act, Hostile means, the party who calls a witness is not willing to rely on the witness and seeks permission from the court to cross examine in respect to his previous statements.
Prosecution is permitted to cross examine the witness as they have his previous statements.
Then there is no question of cross examination by you, as there is no chief examination.
Provided, If the prosecution wants to rely upon any portion of the statements of such witness, you can seek permission to cross examine such witness in respect of such portion.
adv. rajeev ( rajoo )
(Expert) 16 January 2010
I agree with Ramesh. When wittness is hostile you need not to cross examine.
Guest
(Expert) 16 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 0927171251
e.mail adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE CROSS EXAM OF HOSTILE WITNESS KINDLY NOTE THAT
1.YOU MAY KINDLY NOTE THAT PROSECUTION HAS ALREADY THE STATEMTN OF SAID WITNESS IN THE CHARGESHEET. BUT SAID WITNESS IS NOT DEPOSING AS PER THE SAID STATEMENT RECORDED BY POLICE IN CHARGESHEET.HENCE PROSECUTION SEEKS PERMISSION OF COURT TO DECLARE THE SAID WITNESS AS HOSTILE AND SEEKS PERMISSION TO CROSS EXAMINE THE SAME.
2.KINDLY LISTEN CAREFULLY THE ANSWERS GIVEN BY SAID WITNESS TO THE PROSECUTION QUESTIONS,HE IS NOT SUPPORTING PROSECUTION CASE MEANS IT IS BENIFICIAL FOR YOU AND CASE OF YOUR ACCUSED.
3.HENCE KINDLY DO NOT INSIST FOR CROSS EXAM OF HOSTILE WITNESS AS IT MAY HAVE ADVERSE EFFECT ON CASE OF ACCUSED IF THE WITNESS GETS DISTURBED AND MAKES ANY STATEMENT IN FAVOUR OF PROSECUTION.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE AND SEND DETAILS.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Arvind Singh Chauhan
(Querist) 16 January 2010
Lot of thanks to all seniors. Sir that means once the witness is declared hostile, right of defence to examine the witness is finished?
Adinath@Avinash Patil
(Expert) 16 January 2010
