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1 - 10 of 21 (0.26 seconds)Section 154 in The Indian Evidence Act, 1872 [Entire Act]
Section 311 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
State Of Bihar vs Laloo Prasad Alias Laloo Prasad Yadav ... on 14 September, 2001
11. It is lastly submitted that even the decision relied upon by the
petitioner, namely State of Bihar v. Lalu Prasad (supra), lends support to the
impugned order. In paragraph 6 thereof, the Hon'ble Supreme Court has
recognised that the discretion vested in the Court under Section 154 is to be
exercised in aid of justice and ordinarily in favour of the Public Prosecutor,
particularly where a witness, though supporting the party in examination-in-
chief, tilts in favour of the adverse party during cross-examination. Paragraph
7 further clarifies that the prosecution is not bound to accept the testimony of
such a witness and may legitimately discredit the same at the stage of final
arguments. In the facts of the present case, as is evident from the record, the
hostility of the witness emerged during cross-examination. Accordingly, it is
contended that the impugned order dated 22.01.2025 does not suffer from any
illegality or perversity and any interference therewith would impede the cause
of a fair trial. The revisional application is, therefore, liable to be dismissed as
devoid of merit.