Testimony favoring accused

Prakash (Querist) 03 October 2012 This query is : Resolved
Ld Counsels,

If out of seven PWs one of the prosecution witness in contrast to his 161 statement states in examination -in -chief that allegation that accused made misrepresentation is false will it nullify the entire prosecution case

Thanks in advance.

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Devajyoti Barman (Expert) 04 October 2012
It would depend how vital the witness was.
If other six controverts his version then his detraction from 161 statement would not help the defence case.

Guest (Expert) 04 October 2012
Never. Evidence of mere one witness, becoming hostile, cannot prevail over the evidence of other 6 witnesses, unless some vital proof on record is brought forward in support of his statement in examination-in-chief.

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