Amendment status not verified — confirm the current text below against the official source.
Witness alleged turning hostile. - Independent witness turned hostile and falsified prosecution story. Witness cross examined by Prosecution but his credibility could not be shaken. Accused acquitted. Official witness under section 161 Cr. P.C, not proved on record as such the statement could not be taken into consideration. Two principal considerations are whether in the circumstances of the case, it is possible to believe their presence at scene of occurrence or in such situations as would make it possible for them to witness the facts deposed to by them and secondly, whether there is anything inherently improbable unreliable in their evidence. In respect of both these considerations, circumstance either elicited from those witnesses themselves or established by other evidence tending to improbabilise their presence or to discredit the veracity of their statements, will have a bearing upon the value which a Court would attack to their evidence. Although in cases where the plea of the accused is a mere denial, the evidence of the prosecution witnesses have to be examined on its own merits. Where the accused raised a definite plea or put forward a positive case which is inconsistent with that of the prosecution, the nature of such plea or case and the probabilities in respect of it will also have to be taken into account while assessing the value of the prosecution evidence. Even though a party calling a witness wants to treat him as hostile his opinion as to his hostility or otherwise of the witness or truth otherwise of his evidence is not final or binding in the Court. Even when the witness deposes in favour of the party calling him, the Court is entitled to either believe or disbelieve. It is wrong t03suppose that whatever is stated in favour of the party calling should necessarily be believed.