Hostile Witness’s Credible Evidence Can Form Basis For Conviction In Criminal Trial

Case: Hari vs State of Uttar Pradesh

Coram: Justices L. Nageswara Rao, Sanjiv Khanna and BR Gavai

Case No.: CrA 186 of 2018

Court Observation: “The evidence of such witnesses cannot be treated as effaced or washed off the record altogether but the same can be accepted to the extent that their version is found to be dependable on a careful scrutiny thereof. It is for the Judge of fact to consider in each case whether as a result of such cross-examination and contradiction, the witness stands thoroughly discredited or can still be believed in regard to a part of his testimony. If the Judge finds that in the process, the credit of the witness has not been completely shaken, he may, after reading and considering the evidence of the witness, as a whole, with due caution and care, accept, in the light of the other evidence on the record, that part of testimony which he finds to be creditworthy and act upon it”

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Keywords

Hostile Witness’s, Evidence, Conviction, Criminal Trial