Mani123456 (Engineer) 27 November 2013

Can hostile witness be recalled under 311 of criminal proced

Hi,

In chief examination of my wife who filed 498a against me, Public prosecuter and judge found her hostile.

So she was declared hostile.Public prosecuter then submitted an application under 311 of criminal procedure to be allowed to re-examined my wife. Can judge allow this to happen?

can hostile witnesses be re-called? how much will the weight of her re- evidence in case she is allowed to be re-examine by Public Prosecuter. And In that case what must I do?

the cheif witness herself have been declared as hostile so must not judge close the case against me?

Regards

Mani

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2 Replies

adv.raghavan (Advocate,9444674980) 28 November 2013

yes, she can be recalled, and re examined, it is purely discretion of the court.

T. Kalaiselvan, Advocate (Advocate) 28 November 2013

There is a provision to recall witness for further evidence to be deposed by the said witness u/s 311 of Cr.P.C. the law does not specify hostile or effective witness, it is only a witness, thats all.