Criminal Procedure Code, 1973, Section 311 -- Evidence of witness - PWs 15 and 16 were not cross-examined on same day - In chief-examination, these witnesses have categorically deposed that petitioner had driven the vehicle, but they have subsequently denied same in cross examination - Held, it clearly shows that they were subsequently won over by accused - It is settled..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Recovery of - Independent witness joined but not supporting case of prosecution - Independent witness stated that nothing was recovered and further stated that his signatures on blank papers were obtained by IO - He was declared hostile - In cross examination he did not improve the case of..........
Evidence Act, 1872, Section 137, 138 -- Re-Examination of Witness - Attesting witness of Will - Declared hostile - Cross examined by plaintiff and defendants - Made statement to the prejudice of the plaintiffs unrelated to Will - Application by plaintiffs for re-examination of said witness - Declined by Trial Court - Re-examination/cross examination allowed only to the..........
Evidence Act, 1872, Section 145, Criminal Procedure Code, 1973, Section 161, 162 -- Hostile witness - Cross examination of own witness - Permission can be granted only when examination-in-chief is closed and party calling witness becomes adverse party - If prosecution wants to cross-examine his own witness under Section 145 Cr.P.C. regarding his previous statements..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap case - Hostile witness - Cross-examination - Recovery of tainted money amounting to Rs.400/- from appellant - Demand of illegal gratification and acceptance of the same duly proved - Merely because prosecution had to cross-examine PWs on some minor points will not mean that..........
Witness -- Recall of witness - Witness recalled after one year of examination and cross examination - On re-examination witness turned hostile - Witness supported prosecution case to certain extent but resiled from previous statement with regard to identity of accused - Held, it appears that witness was won over either by money, by muscle power by threats or intimidation...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 26, Rule 16, 16-A, 17, 18, Evidence Act, 1872, Section 154 -- Witness - Examination by Commission - Commission examining a witness has no right to declare a witness hostile - For declaring a witness hostile permission of Court has to be taken and it is only after grant of such permission by..........
Evidence Act, 1872, Section 154 -- Hostile witness - A witness cannot be declared hostile even prior to his examination as a witness in the case - Courts cannot presuppose that there is every likelihood that witness will turn hostile and will not support the case - There must be something concrete before the Court to come to a conclusion that it should permit..........
Evidence Act, 1872, Section 137, 154 -- Hostile witness - At the stage of cross examination by defence witness declared hostile - Prosecution allowed to cross examine the witness - Accused is entitled to cross-examine the witness to the extent the witness in the cross-examination done by the Public Prosecutor has contradicted himself in relation to the..........
Evidence Act, 1872, Section 154 -- Hostile witness - Accused gave answers in favour of defence during cross examination - When the witness had not stuck to the stand in examination-in-chief and no permission was taken then, order declining permission calls for no interference...........
