criminal case.
pratik
(Querist) 14 August 2010
This query is : Resolved
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.
Query : 1) I am confused becasue as per me i think prosecution means behind the bars but the abovementioned prosecution is something other pls explain me the term "prosecution " & there rights in civil in criminal cases in any court till supreme court.
2)witness turns hostile defence means what also the meaning of defence in civil & criminal cases & meaning of hostile witness , Unfavourable witness if possible with the help of a example.
Thanks In Advance.
Arvind Singh Chauhan
(Expert) 15 August 2010
The same problem I have faced.
Despite showing the judhement -
Hostile witness can’t be washed of record- can be relied to the extent it’s supports prosecution version- NCC-2007-UTT-275. I sought the help of learned members.
therefore Defence must have right to cross examine.Magistrate told me that show him the provision.
I pasted this query in the forum but found no positive result as-
http://www.lawyersclubindia.com/experts/HOSTILE-WITNESS-60426.asp
My personal experience is, If case is going fully in your favour. Keep quite, otherwise file an application to cross examine the witness if magistrate rejects, file revision against the order.
Later on I found the judgment in this point. Please find the attachment and go through, in which hostile wittness was cross examined by defence.
