Hostile witness

Querist : Anonymous (Querist) 28 August 2011 This query is : Resolved
wheather a witness who has been declared hostile and after that in crossexamination public prosecuter contradict him from his previous statement and that witness supports p p than wheather this evidence will be read against accused or not please give answer with citations if available

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Raj Kumar Makkad (Expert) 28 August 2011
As such witness denied alleging anything to the accused and even withdrew his earlier statement so his evidence shall support the case of the accused and not of prosecution. His evidence shall not be read against the accused so no citation contrary to this settled law is available.

Guest (Expert) 28 August 2011
Except an earlier confession recorded before a magistrate, any previous statement of the witness can be denied on the basis of facts adduced during trial and can be relied, may be that goes in favor or against the accused.

M/s. Y-not legal services (Expert) 28 August 2011
Its depends upon the circumstances. Some times the hostile witness's evidence may be favour to the accused. Some time court will not considered the same.

SAANJAAY GUPTAA (Expert) 28 August 2011
The evidence of hostile witness may be can not be discarded only as the witness declare hostile, the court may use it in favor of prosecution case if the deposition of the witness found reliable in the eye of law.

Shastri J.K. (Expert) 29 August 2011
I agree with mr. Sanjay Gupta

prabhakar singh (Expert) 04 September 2011
I 2 agree with mr. Sanjay Gupta

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