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Reply To: Indian Evidence Act

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Tina DU
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HOSTILE WITNESS

Hon’ble Supreme Court-Bhagwan Singh v. State of Haryans, (1976) 2 SCR 921 : Air 1976 SC 202;
Rabinder Kumar Dev v. State of Orissa, (1976) 4 SCC 233:
AIR 1977 SC 170 and Sayed Akbar v. State of Karnataka,
(1980) 1 SCR 95: AIR 1979 SC 1848 – Where it was held that
the evidence of a prosecution witness cannot be rejected in toto
merely because the prosecution chose to treat him as hostile and
cross-examined him. The evidence of such witness cannot be
treated as effaced or washed off the record altogether but the
same can be accepted to the extent their version is found to be
dependable on a careful scrutiny thereof.

Hon’ble Apex Court and it was observed that law is not well settled that merely because witness is declared as hostile witness, whole of his evidence is not liable to be thrown away. Reference was made to Syed Akbar Vs. State of Karnatka, 1980 (1) SCC 30, Rabindera Kumar Dey vs. State of Orissa, 1976 (4) SCC 233 and Bhagwan Singh Vs. State of Haryana, 1976 (1) SCC 389