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Jan 27, 2013

Bhajju alias Karan Singh Vs State of Madhya Pradesh -(2012) 4 SCC 327

A two-Judge Bench of Hon'ble Supreme Court of India observed as
“Normally, when a witness deposes
contrary to the stand of the prosecution
and his own statement recorded under
Section 161 CrPC, the prosecutor, with
the permission of the court, can pray to
the court for declaring that witness
hostile and for granting leave to crossexamine the said witness. If such a
permission is granted by the court then
the witness is subjected to crossexamination by the prosecutor as well as an opportunity is provided to the
defence to cross-examine such
witnesses, if he so desires. In other
words, there is a limited examination-inchief, cross-examination by the
prosecutor and cross-examination by
the counsel for the accused. It is
admissible to use the examination-inchief
as well as the cross-examination of the said witness insofar as it supports
the case of the prosecution.”

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