E.Muhammed @ Kunhalan vs The Si Of Police Nilambur on 12 April, 2023
if it finds corroboration from the facts of the case, can be considered while
judging the guilt of the accused. There is no legal bar to base a conviction
upon a "hostile witness" testimony if corroborated by other reliable evidence,
even if the witness is treated as "hostile" and is cross - examined, his
evidence cannot be written off altogether but must be considered with due
care and circumspection and that part of the testimony which is creditworthy
Crl.Appeal No.997 of 2006
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can be considered and acted upon (Neeraj Dutta v. State (Govt. of N. C. T.
of Delhi, (2022) SCC OnLine SC 1724). Further, PW3 denied having
informed the matter to the police. He feigned ignorance when he was asked
whether he along with other persons had informed the police, pursuant to
which the police had come to the place. But PW3 admits that he is running a
provision store and that the police had come to the spot on the relevant day
though according to him, it was relating to some other incident. The
testimony of PW3, in my opinion, corroborates the prosecution case spoken
to by PW1 and PW2.