Hostile witness Archives

Calcutta High Court affirms convictions in night-time dacoity involving robbery, murder and rape

“Credible evidence even of a hostile witness can form the basis for conviction in a criminal trial and his/her evidence can be accepted, if he/she is a natural and independent witness.”

Case Briefs Supreme Court

SC cancels murder accused’s bail as witnesses turn hostile; Orders fresh cross-examination and witness protection

Supreme Court found the case fit for recalling the witnesses for further cross-examination but added that the power to recall witnesses under S.311 CrPC ought to be exercised sparingly and mere hostility by a witness, per se, would not be sufficient grounds to infer misuse of concession of bail.

Case Briefs High Courts

Delhi High Court upholds life imprisonment of a man convicted for murdering his wife and for assaulting daughter

The Delhi High Court upheld the Trial Court’s decision of awarding life imprisonment to a man convicted for murdering his wife and assaulting his daughter.

Case Briefs High Courts

‘Some contradiction and infirmities in evidence not enough to vitiate prosecution story’; Jharkhand High Court reiterates

Jharkhand High Court concurred with the Trial Court’s decision and held that the prosecution has proved the charge beyond all shadow of doubt which cannot be said to suffer from an error.

Case Briefs High Courts

“Death was not pre-meditated”; Allahabad High Court modifies conviction under Section 302 IPC into Section 304 IPC

Allahabad high Court: In an appeal filed against the judgment and order passed by Sessions Judge, convicting and sentencing the

Case Briefs High Courts

Allahabad High Court convicts former UP MLA Mukhtar Ansari for threatening jailer

Allahabad High Court: In an appeal filed under Section 378 of Code of Criminal Procedure (CrPC) against the judgment passed by the

Case Briefs High Courts

Tripura High Court | Section 311 CrPC cannot be used to fill up the lacuna but re-examination can be done to meet the ends of justice

Tripura High Court: In a case relating to a revision petition filed by the State, challenging the order of the

Case Briefs High Courts

MP HC │ When authorities take a view in a particular manner then scope of discretion is limited; appeal dismissed

Madhya Pradesh High Court: The Division Bench of Anand Pathak and Satish Kumar Sharma, JJ., dismissed a writ appeal under Section 2(1)

Op Eds OP. ED.

Perjury Proceedings for Hostile Witness—A Need of Hour

by Surel Shah*

Case Briefs High Courts

MP HC | Whether the accused can be allowed to languish in jail or not when the prosecution itself is not in a position to provide DNA test report? Court answers

Madhya Pradesh High Court: G.S. Ahluwalia, J., allowed a bail application which had been filed in connection with Crime No.337/2020 registered by

Case Briefs High Courts

[Rape] Kar HC | Guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution; Matter remitted back to adduce necessary evidence

Karnataka High Court: A Division Bench of G I Narendar and M I Arun JJ. allowed the appeal and set aside the

Case Briefs Supreme Court

Despite many witnesses turning hostile, SC finds man guilty of killing his wife in 1999; Says it’s not an unusual event in long drawn out trials in India

Supreme Court: In a case dating back to 1999 where a married woman was found dead in her matrimonial home, the bench

Case Briefs High Courts

[POCSO] Sikk HC | Delicate balance to be maintained between judicial perception of victim’s anguish and presumption of innocence of accused

Sikkim High Court: A Division Bench of Bhaskar Raj Pradhan and Arup Kumar Goswami, JJ. while upholding the Judgment of acquittal passed by

Case Briefs High Courts

Del HC | Evidence of hostile witness is not inadmissible altogether, Court may rely on the dependable part thereof

Delhi High Court: A Division Bench of Siddharth Mridul and Anu Malhotra, JJ. dismissed an appeal filed against the Judgment of the trial

Case Briefs High Courts

Witnesses turning hostile common in criminal cases is not a ground for letting accused go scot free in presence of other supporting evidence

Delhi High Court: A Division Bench of the Delhi High Court comprising of Sunil Gaur and Pratibha M. Singh JJ., dismissed an