There are several judgments on the issue of hostile witnesses. For example, in the case of Mrinal Das v. State of Tripura, (2011) 9 SCC 479, at page 505, Supreme Court has held as under:
“67. It is settled law that corroborated part of evidence of hostile witness regarding commission of offence is admissible. The fact that the witness was declared hostile at the instance of the Public Prosecutor and he was allowed to cross-examine the witness furnishes no justification for rejecting en bloc the evidence of the witness. However, the court has to be very careful, as prima facie, a witness who makes different statements at different times, has no regard for the truth. His evidence has to be read and considered as a whole with a view to find out whether any weight should be attached to it. The court should be slow to act on the testimony of such a witness, normally, it should look for corroboration with other witnesses. Merely because a witness deviates from his statement made in the FIR, his evidence cannot be held to be totally unreliable. To make it clear that evidence of hostile witness can be relied upon at least up to the extent, he supported the case of the prosecution. The evidence of a person does not become effaced from the record merely because he has turned hostile and his deposition must be examined more cautiously to find out as to what extent he has supported the case of the prosecution.”
There are various other similar decisions of Supreme Court laying down the same legal proposition that the evidence of the hostile witness cannot be rejected merely because he has been declared hostile, and that the evidence of such a person does not become effaced from the record. The relevant portions of the evidence of a hostile witness can be made use of in appropriate situations, at least to corroborate the evidence of other independent witnesses in material particulars.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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