When court declares a witness as "Hostile" or "Adverse", what are effects on result of case?
During investigation, before police or CBI, a person gives certain information to police. Police records this in writing. This helps police in solving crime.
Then to prove case, police cites this person as witness in court. Police assumes that the person will speak truth in court and will say the same thing in court.
But here there is time gap between when police recorded statement of witness and when this person gives statement in court.
In the meantime Four things might have happened 1) Witness may have been bribed to change his statement 2) Pressure may be on him to change his statement. 3) He may have actually forgotten what he said to police earlier. 4) And fourthly, there is possibility that witness may not have said at all what police is saying that he did say.
If any such thing has happened, then the witness may start saying a new story in court which may help accused in acquitting him.
At this stage, public prosecutor, seeks permission of court to declare this witness as hostile. Once court declares witness hostile, it is open to prosecution to grill this witnesses to prove that he is now lying in court to help accused.
The court is not bound to acquit accused, if witness turns hostile. But he has to be circumspect about what this witness is saying or hiding or lying.
Haresh Raichura
24/8/13
