Supreme Court ruling clarifying that hostile witness testimony cannot be discarded entirely and that consistent, reliable portions must be evaluated under the Indian Evidence Act.
Case in NewsHostile witness testimony partly reliable rule reiterated as Supreme Court clarifies admissibility of consistent testimony . |
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Case Overview
Case Name: Dadu @ Ankush & Anr. vs. State of Madhya Pradesh & Anr.
The Supreme Court bench of Justice Dipankar Dutta and Justice Augustine George Masih set aside the conviction of the appellants recorded under Sections 323 and 354 IPC and Section 3(1)(xi) of the SC/ST Act . The trial court and the Madhya Pradesh High Court had upheld the prosecution version that the accused assaulted the victim and her brother at their residence . However, PW-4, a relative of the victim, provided a different account, later declared hostile . The key issue before the Supreme Court was whether his testimony could be discarded merely because he was declared a hostile witness .
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Key Aspects
Before turning to the legal principles, it is crucial to examine the factual conflict that shaped the appeal . The prosecution relied on its version of the incident at the victim’s home, whereas PW-4 presented a consistent alternative narrative .
- PW-4 testified the scuffle began at a Ganesh Puja pandal, not the victim’s house .
- PW-4 remained consistent even during cross-examination .
- High Court rejected PW-4’s testimony solely due to his hostile status .
- Issue: Whether the evidence of a hostile witness can be entirely rejected .
Legal Insights
A brief look at the governing legal principles shows that hostile testimony is not automatically unreliable .
- Indian Evidence Act, Sections 154 & 155: Allow cross-examination of hostile witnesses; credibility must still be assessed .
- SC precedent – State of U.P. vs. Ramesh Prasad Misra (1996) 10 SCC 360: Hostile evidence is admissible and partially reliable .
- IPC Sections 323 & 354 and SC/ST Act Section 3(1)(xi): Offences for which appellants were convicted .
Court’s Verdict
The Supreme Court held that the High Court erred in discarding PW-4’s testimony entirely . The Court clarified that the evidence of a hostile witness remains admissible and consistent portions supporting either party must be evaluated with caution . Since the High Court failed to undertake this scrutiny, the conviction was unsustainable . The appeal was allowed and the appellants were acquitted .
Source – Supreme Court of India
Read also – IPC
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