Unfavourable witness.
pratik
(Querist) 15 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.
PLS TELL ME THE MEANING & ANSWER OF THE QUERY.
Thanks In Advance.
V.V.RAMDAS
(Expert) 16 August 2010
When a prosecution witness turns hostile bystating sometighing which is destructive of the prosectution case, it is entitled to pray that the witness be treated as hostile . to exercise discretion under section 154, Evidence Act, for permitting a party to cross-examine his won witness, the conditions to be sttisfied are that either the statement of the witness must have exhibited an element made before any earlier authority, or that there is some material to show that the witness was not speaking the truth. YOU HAVE GOT RIGHT TO CROSS EXAMINE THE WITNESS EVEN AFTER THE CROSS EXAMINATION OF THE PROSECUTION.
