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Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): K. T. Thomas, R. P. Sethi , JJ

(A) Evidence Act (1 of 1872) , S.154— Hostile witness - Testimony of - Not to be excluded entirely or rendered unworthy of consideration. It is a misconceived notion that merely because a witness is declared hostile his entire evidence should be excluded or rendered unworthy of consideration. In a criminal trial where a prosecution witness is cross-examined and contradicted with the leave of the Court by the party calling him for evidence cannot, as a matter of general rule, be treated as washed off the record altogether. It is for the Court of the fact to consider in each case whether as a result of such cross- examination and contradiction the witness stands discredited or can still be believed in regard to any part of his testimony. In appropriate cases the Court can rely upon the part of testimony of such witness if that part of the deposition is found to be creditworthy. Bhagwan Singh v. State of Haryana, AIR 1976 SC 202 and Rabindra Kumar Dey, AIR 1977 SC 170, Foll.(Para 11) (B) Evidence Act (1 of 1872) , S.154— Hostile witness - Permission for cross-examination in terms of S. 154 - Cannot and should not be granted at mere asking of party calling the witness. The terms "hostile", "adverse", or "unfavourable" witnesses are....