![]() ![]() ![]() It means that adverse witness does not deserve to be trusted and providing an opportunity to the prosecution to cross-examine that witness, is to stop the accused from availing any benefit. State (Delhi Administration), βIt is well settled that when a witness who has been called by the prosecution, is permitted to be cross-examined on behalf of the prosecution, the result of all course being adopted is to discredit that witness altogether but not merely to get rid of a part of his testimony. This thought /ruling also got conformation from Apex Court in 1975 in Jagir Singh v. that when a witness who has been called by the prosecution. The net result allowing these questions to be put by the prosecution was to deprive the accused of the benefit which might accrue to them from any statement which the witness might have made in favor of the accused and which the defense could have availed of if the witness had not been allowed to be cross-examined by the prosecution. Emperor, β When a witness who has been called by the prosecution is permitted to be cross-examined on behalf of the prosecution under Section 154 of Evidence Act, the result of that course being permitted is to discredit that witness altogether and not merely to get rid of part of his testimony. In 1926 Justice Mukherji held in Khijruddin v. The moot problem to be considered is that how can we curb acquittal of a criminal case? What would be the result of such evidence? What is the evidentiary value of such evidence? Whether we can get the conviction of an accused from such evidence?. And a defense counsel in a cross-examination asks questions that are closely linked to Sections 145, 146, 153, and 155 of the Indian Evidence Act, 1872. Moreover, in a criminal trial, a witness is declared hostile with the permission of the Court when he does not confirm his previous statement but such declaration is not the requirement of law or Section 154 of the Indian Evidence Act, 1872, Thus it is manifest that the prosecution can put any questions which are put by a defense counsel after getting the permission of the Court. The law is now well settled that merely because the witness is declared as a hostile witness, the whole of his evidence is not liable to be thrown away. The court may in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party. He is called adverse witness, hostile witness, or unfavorable witness, Section 154 of the Indian Evidence Act, 1872 enumerates a witness who is cross-examined by his own party/prosecution with the kind permission of the Court Section 154 of the Indian Evidence Act, 1872 enumerates as follows 154. In a criminal trial when a prosecution witness is summoned to produce evidence, he appears before the Court but does not confirm his previous evidence/statement recorded or collected by the investigating agency. These words have been borrowed from British law. Hostile means adverse, unfavorable or alien. Nowhere hostile word is used nor is described in respect of hostility. Let us first consider the actual meaning of the word β hostile because in the Indian Evidence Act, 1872. Even if they appear before the Court they do not intend to put before the Court the true picture of the prosecution due to fear, relations, and closeness. Witnesses who support the prosecution story during a criminal investigation do not like to turn up before a criminal court to depose the true story.
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