Hostile PW
Om Prakash Dhusia
(Querist) 14 December 2010
This query is : Resolved
1)Why a person whose name has come in the GD of police as PW, declared hostile by the prosecution if he admits before the court that he has never given any statement to the police?
2)Even if he admits that whatever statement he gave before the police was under threat, duress or greed and he denies everything in the court, would he be still declared hostile by the prosecution?
3)And if he denies in the court, his previous statement before the police, will he be considered to save the accused and his denial would be construed as null and void and the accused would be convicted on his statement to the police?
Ajay Bansal
(Expert) 14 December 2010
AS PER LAW OF PRESUMPTION IT IS A FACT THAT THE POLICE CAN NOT WRITE ANY STATEMENT OF ANYBODY U/S 161 Cr.P.C WITHOUT HIS/HER CONSENT.SO IF THE WITNESS DOES NOT SUPPORT HIS STATEMENT U/S 161 Cr.P.C.IN THE COURT, THEN IT IS PRESUMED THAT THE WITNESS IS HOSTILED.
Advocate. Arunagiri
(Expert) 14 December 2010
I differ. Only if the witness given contradictory statements to his previous statements in the court, he will be treated as hostile witness. Contradiction with the police statement and court statement will not be an offense.
