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Ravi (a)     29 July 2016

498a witnesses hostile

hi,

in 498a case, pw2 and pw3 clearly admitted in chief as asked by PP that police didnot exmaine them and never questioned, thus they turned hostile. 

when witnesses go hostile, by law what weight do the exhibits carry now?



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 8 Replies

Shekhar (Proprietor)     29 July 2016

Hostile witness in this perticular case are in your favour. However, hostile witnesses can be cross examined by the pop.

Shekhar (Proprietor)     29 July 2016

Hostile witness in this perticular case are in your favour. However, hostile witnesses can be cross examined by the pp

Shekhar (Proprietor)     29 July 2016

Hostile witness in this perticular case are in your favour. However, hostile witnesses can be cross examined by the pp

Ravi (a)     31 July 2016

thank you so much. 

Can you provide any supreme court judgements related to this?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 August 2016

These witnesses has been declared hostle by court? If so, then the PP would get a chance to cross-examine them. Only when the court is satisfied that the witnesses are under lying to protect the accused, their testimony would be dsicarded/ recorded.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

Ravi (a)     04 August 2016

Hello Shonee,

thank you for your reply. Yeah.

PW2 said police didnot examine me and recorded my statement on the chief.

during cross examination by PP, she is saying Police examined me and recorded me.

 

similarly,

PW3 said police didnt examien me and recorded my statement on the cheif deposition.

during cross examination by PP, PWD says i dont remember if polie examined me.

 

PW4, PW5, PW6, PW7 & PW8 are yet to come.

given these facts, what is the face value now the case carries? are all exhibits valid now or invalid?

Please share your views.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 August 2016

As the PP has been able to ellicit the response he wanted. The court would look into the complete testimony and then decide. The court can order enquiry in the same why witness turned hostile or it can even punish such witnesses u/s 344 CrPC.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

Ravi (a)     05 August 2016

Thank you Shonee ji.

on the courts website, i came across few orders pronounceid by the judge in whose court this 498a case is running. There are few judgements where i saw upon wtinesses turning hostile, the same judge dispensed 313 and acquitted the accused but didnt call police enquiry and punish witness u/s 344.

 


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