Need case laws
Bala shankar
(Querist) 08 July 2012
This query is : Resolved
hello sir,
the prosecution witnesses (other than the official witnesses) after deposing in favour of the prosecution in chief examination completely turned hostile in cross examination, after being recalled by the defence counsel. i want few latest judgments in favour of the prosecution in the line that 'court can convict the accused based on the cheif examination itself'. please help.
Dr V. Nageswara Rao
(Expert) 10 July 2012
1. No Court will convict an accused only on the basis of Chief Examination. The Court must take into cross exam also.
2. But, if the prosecution witness turned hostile during cross examination by the defence, the Court can, if the witness's testimony in Chief Exam is considered credible, rely on that tesimony.
3. Any book on evidence will give you a number of decisions on hostile witnesses.I have discussed this in detail in my book on Indian Evidence Act published by Butterworths in 2012.