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Supreme Court explains role of public prosecutor and trial judge in cross-examination of hostile witness

The Court made the observations while upholding the conviction of a man who had murdered his wife in 1995.

5-year-old daughter of the victim was the only eyewitness in the case. However, she turned hostile during the trial.

While examining the evidence, the top court noted that after the child turned hostile, the public prosecutor had only put a few suggestions to her for the sake of cross-examination and no proper contradictions were brought on record.

“In the case at hand, not only proper contradictions were not brought on record in the oral evidence of the hostile witnesses, but even those few that were brought on record, were not proved through the evidence of the Investigating Officer”

Source: Barandbench

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