Can’t junk entire evidence of hostile witness: HC

The observations came while the HC was deciding a State Government petition,challenging a Navsari court decision not to declare a prosecution witness as hostile.

The witness,Ramesh Solanki,was a complainant in a corruption case and he had accused a ‘talati-cum-mantri’ of his village of demanding bribe of Rs 5,000 for making an official entry related to the sale-deed of an immovable property.

A trap was laid and the accused was caught by the Anti-Corruption Bureau (ACB) sleuths while accepting bribe and was booked under the Prevention of Corruption Act.

During the trial,however,Solanki refused to remember anything about the ACB trap.

Contending that the complainant was trying to save the accused,the prosecution urged the trial court to declare him hostile. However,the court refused.

The State Government then challenged the order in the High Court,which asked the trial court to declare the witness as hostile and allow the prosecution to cross-examine him.

While allowing the petition,High Court observed that as the prosecution was requesting the court to declare a witness as hostile,it was left with no other option but to declare him as hostile.

But it should accept part of the evidence deposed by him if ‘worthy of reliance’,the High Court said. “Merely because he has been declared hostile,his entire evidence is not wiped out,” it added.