Hostile witness and contradictions in Evidence
AIR 2002 SC 3137
1) Balu Sonba Shinde Vs. State of Maharastra
Section – 154 – Hostile witness, ' His evidence need not be rejected ipso facto on that count. Parties can take advantage of the advantageous portion therein. However, Court has to be extremely cautious and circumspect in such acceptance.”
2] Cril. L. J. (1) 317 Dharyshil Vs. State of Maharastra
Hostile Witness : Merely because a witness turns hostile, his entire testimony cannot be thrown out.
(Meena Gopalkrishna Mudiliar Vs. State of Mah. 1993 Cr. L. J. 3624)
Where the party calling a witness declared him hostile and allowed to be cross-examined, it was held that he was not necessarily an unreliable witness and his evidence, if corroborated by other reliable evidence, can sustain conviction.]
(State of U. P. Vs. Ramesh Mishra AIR 1996SC 2766 ) It is equally settled law that the evidence of a hostile witness would not be totally rejected if spoken in favour of the prosecution or the accused, but it can be subjected to close scrutiny and that portion of the evidence which is consistent with the case of the prosecution or defence may be accepted.]
(Gurasingh vs. State of Rajasthan 2001Cr. L. J . 487 (SC) ( Anil Rai Vs. State of Bihar 2001Cr. L.J.3969 (SC) The testimony of witness who has turned hostileis not to be excluded entirely or rendered unworthy of consideration. His testimony remains admissible. A conviction can be based on it if it finds some corroboration.
