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Evidentiary Value of Hostile Witness: A Chronological Case Law Study to Understand the Current Position in Indian Laws

By Rustam Singh Thakur

Published In

CRLJ 2012

“Nothing shakes public confidence in the criminal justice delivery system more than the collapse of the prosecution owing to witnesses turning hostile and retracting their previous statements.” — Former Attorney General Mr. Soli Sorabjee.1-3 Abstract The role of a witness is very important in a trial. He is an indispensable part of the justice delivery system of any country. Witnesses play an important role in the criminal justice system of any country.  According to Bentham, witnesses are the eyes and ears of justice.  Hence, the importance and primacy of the quality of trial process4.The great philosopher and thinker of his time Bentham rightly emphasized about the relevancy of witnesses. However, the witnesses get traumatized and harassed in our criminal justice system and it is an open secret, which needs no second thought. Unnecessa ....

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