What can be done by prosecution if witness is hostile

947 votes

As per my view you move before apex court. As per facts and circumstances of case related documents clear opinion may be given otherwise opinion may be differs from others opinion. As per short query in such cases clear opinion may not be sought.

Advocate Arun Kumar LawRato

535 votes

With the little fact provided by you, I am to understand that the prosecution witnesses have refused to support the prosecution story during the trial. If the facts are otherwise different please be specific. In normal parlance under the Indian Law if a witness, who has made a statement during investigation and the same has been recorded in the Case diary by the investigating officer, doesn't support the prosecution story during trial, we term it as him being hostile.
To understand more, under the Cr.PC, any statement made before the police has no evidantry value and therefore what actually matters is the statement made before the trial court. The only use of a statement made before the police is used to corroborate the prosecution story put up for trial.
Otherwise, the Indian Penal Code u/s 191 provides for punishment for giving false evidence. So if your case is, and if you can prove it, that the witnesses have given false evidence, the court can be requested to initiate a proceeding u/s 191 IPC

Advocate Mayank Rukhaiyar LawRato

869 votes

1- Prove things which are direct evidence in case.
2- Prove things which are circumstantial evidence.
3-Medical evidence, like postmortam report,
4- Gawahi of Doctor who did postmortam is also important
5-Gawahi of I.O of the case is also favours you.

Advocate Abhay Kumar LawRato

587 votes

If prosecution witness is hostile then what can you do. Democratic country this is. Sit and Relax and try to make some another prosecution witness in favour f the prosecution who would be more of a value and can justify your case and occurrence.

LawRato LawRato

917 votes

This is a clear case of no evidence against the accused person, prosecution is utterly failed to prove his case. Now you can pray to close prosecution evidence and record your statement U/s 313 of Cr.P.C and close defence evidence thereafter after hearing the parties court will definitely acquit you from this case.

Advocate Shambhu Nath LawRato