2010 CRI. L. J. 1515 ::2010 (1) AIR Kant HCR 637 ::2010 (1) AIR Kar R 637 ::2010 (3) All Cri LR282

Karnataka High Court

Hon'ble Judge(s): Arali Nagaraj , J

(A) Evidence Act (1 of 1872) , S.3— Hostile witness - Credibility - Witness fully supports prosecution case in his examination-in-chief as to any material and relevant fact - But turns hostile to prosecution in his cross-examination made on behalf of accused on a later date and states contrary to his evidence in his examina-tion-in-chief as to the said fact - Evidence of such hostile witness in his examination-in-chief has to be accepted as true if it is not shown that what he stated in his examination-in-chief was not stated by him at the earliest opportunity, in his statement recorded u/S.161 of Criminal P.C. by Investigation Officer. (Para 14) (B) Dowry Prohibition Act (28 of 1961) , S.8A, S.3, S.4— Demand for dowry - Burden of proof - Evidence of complainant convincing and acceptable - Supported by evidence prosecution witnesses clearly established facts constituting demand for and receipt of dowry by accused - Onus in on accused to prove that he has not committed offence - Defence of accused is of total denial - Accused failed to discharge burden of proof cast on him - Conviction of accused for offences u/S.3, S.4, proper. (Para 15) (C) Evidence Act (1 of 1872) , S.3, S.32(1)....