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Bijender @ Vijay Fauji vs State on 14 February, 2012

Initially in his cross examination he supported the version of the prosecution. But later on to the leading questions put to him he turned hostile and supported the version of the accused. Thus the possibility of PW3 being won over by the accused during the said period cannot be ruled out. His STATE VS. MOHIT JAIN FIR NO.220/97 9/17 examination in chief recorded on 16.11.1999 is in consonance with his previous statement recorded u/s 161 of Cr.PC. The Judgment of Hon'ble Delhi High Court in case titled as "Bijender Singh @ Vijay Fauji Vs. State" 2012 III AD (Delhi) 178 wherein the appreciation of evidence of such witness has been discussed is quite relevant in the present case. The Hon'ble High Court of Delhi observed that the court cannot surmise what was the cause for the volte face, the reasons are not hard to see. The witness was either won over by the inducement or threatened. Yet the consistency as far as his statement to the police on the one hand and his statement recorded during his examination in chief makes him reliable, rather then his later deposition. In the present case in hand also the consistency of PW3 in his chief and his initial cross examination has to be considered. Therefore the version of PW3 in his examination in chief has to be accepted as true which also corroborates the version of PW1.
Delhi High Court Cites 19 - Cited by 1 - S R Bhat - Full Document
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