Hostile panch witness
Narshim G Pai
(Querist) 13 August 2011
This query is : Resolved
What happens to the case if the prosecution lawyer declares the panch witness as hostile. what happens to his deposition
prashant pundhir
(Expert) 13 August 2011
If the main witness of the case declared hostile then it does not mean that the accused will get acquital .Court can also focus to the circumstancial evidence .
Raj Kumar Makkad
(Expert) 13 August 2011
The evidence of such witness is totally ignored while deciding the case.
M/s. Y-not legal services
(Expert) 13 August 2011
While being so, the prosecution advocate can be cross examination on the same witness know.. And automatically court will realise the genuine of that witness. Its very usual one in criminal cases.
Rajarshi Bhowmik
(Expert) 14 August 2011
It is very common in today's criminal cases that the prosecution witnesses is termed as hostile for obvious reasons in accordance with law. The law in this regard is very much specific. Court has to come to a conclusion whether the alleged accused has committed the wrong or not. As there is much more liberty for the defense to examine a accused than the prosecution declaring his own witness a hostile by the prosecution gives an opportunity to cross examine his own witness to bring out the real truth. There are certain parameters and formalities after crossing all those only a witness can be declared as a hostile witness. I am sorry to mention here and beg to be apologize for stating that In my experience I have not seen many defense council objecting on the point of declaring rather making a prayer by the prosecution to declare a witness hostile. If a witness is declare hostile it really make not much effect in the prosecution case. Any accused may be convicted on the basis of the statement of the hostile witnesses if the prosecution could bring out a story that the alleged has committed any offense for which he is facing the trial. The point is it should be satisfy the court. Declaring a witness hostile gives an added arrow to the prosecution to cross examine the truth in normal circumstances which is not permitted. There are several decisions of our apex court clearly confirming and awarding sentences on the basis of the statement of a hostile witnesses. For anything details please visit www.rajarshibhowmik.webs.com
