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1 - 10 of 28 (0.74 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
Section 324 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
The Indian Penal Code, 1860
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Kikar Singh vs State Of Rajasthan on 12 May, 1993
State Of Gujarat vs Anirudh Singhh And Another on 10 July, 1997
23. The learned Trial Court also placed reliance on the judgment of the
Supreme Court in the case of State of Gujarat v. Anirudh Singh & Ors.,
reported in 1997 (V) AD Supreme Court 467 dealing with the testimony
of a hostile witness and to what extent the same can be accepted. The
Hon'ble Supreme held that it is not uncommon that the witnesses often
turn hostile and rarely the witnesses remain truthful at the time of their
court depositions. A truthful witness undergoes lot of pressures, which
Crl.A. No. 51/1998 Page 23 of 41
can be known only to such a witness. The main success of the defence
lies in winning over private and public witnesses and more than half of
the battle is won by the defence if, he succeeds in such an endeavour.
With a view to ensure that criminal justice does not suffer because of
witnesses turning hostile so frequently in a criminal trial, the courts must
critically analyse the testimony of such hostile witness and then see as to
what extent and how for it supports the prosecution case.
Mrinal Das & Ors vs State Of Tripura on 5 September, 2011
In this regard, it is relevant
to refer a decision of this Court in Mrinal Das and
Ors. v. State of Tripura (2011) 9 SCC 479. In the said
decision, the main prosecution witnesses, viz., PWs 2, 9, 10
and 12 were declared as hostile witnesses. While reiterating
that corroborated part of evidence of hostile witness
regarding commission of offence is admissible, this Court
held: