...either due to death of complainant or where the complainant had turned hostile. In Kishan 7 Chand Mangal v. State of Rajasthan (1982) 3 SCC 466, by the time of trial, the complainant Rajendra.... (2001) 1 SCC 691, both complainant-PW-1 and PW-2-panch witness have turned hostile. Appellant/accused thereon contended that the presumption under Section...and could not be examined; (ii) complainant turned hostile; and (iii) complainant could not be examined either due to non-availability or other reasons. Direct proof of demand may not be available in...

..., firstly that the complainant turned hostile and has not supported the prosecution version. The Court held that it is necessary for the prosecution to prove the demand and acceptance of the bribe money...beyond reasonable doubt by leading cogent evidence. Since the complainant turned hostile and has not supported the prosecution version, therefore, learned Court held that reasonable doubt exists in the...applicant-State and have gone through the record.5. The brief facts of the prosecution case are that complainant Vipan Singh made complaint Ex.P3 to Inspector, SVB, Ambala, alleging that...

...respondent was not honourably acquitted by the criminal court, but was acquitted since the complainant turned hostile.11. Shri V.N Subramaniam, learned counsel appearing for...witnesses turned hostile, etc. In the case on hand the prosecution did not take steps to examine many of the crucial witnesses on the ground that the complainant and his wife turned hostile. The court.... 613 of 2002 before the Judicial Magistrate, Tenkasi. Before the criminal court, PW 1 and PW 2, the husband and the wife (victim) turned hostile. The prosecution then did not take steps to examine the...

...hostile and even PW 2 who is an injured witness and PW 9 the complainant turned hostile. The challenge to the concurrent finding of guilt is also on the basis of minor discrepancies in the evidence of the...affect the prosecution case materially, does not create infirmity.7. With regard to PWs 3 and 4 panch witnesses being turned hostile, this contention was also well...he saw the happening with his own eyes. Curiously enough even the injured witness PW 2 has turned hostile. Learned counsel for the appellants strenuously urged that PW 2 Baldev Raj stated that the...

...has erroneously been accepted.10.4. In the course of the criminal trial, the complainant turned hostile. Moreover, PW 2 stated that the respondent was not a competent...), and PW 4 (the Village Assistant who was working under the respondent). PW 1 and PW 4 turned hostile and did not support the case of the prosecution. The respondent led the evidence of DW 1, the brother-in-law of the complainant. The...formalities.On careful perusal of evidence of PW 2 and PW 3, it can be held that PW 1 (CW 1) has intentionally turned hostile and not supported the case of the...

...A2 were acquitted by the court below through judgment dated 30.10.2013 On going through the judgment, it seems that PW1, who was the defacto complainant, turned hostile to the prosecution and he did...

...not guilty and acquitted, vide judgment dated 28.2.2012 at Annexure-9. 3. A reading of the judgment would indicate that the material witnesses, including PW1/defacto complainant, turned hostile and...

...material witnesses including the defacto complainant, who sustained injuries in the incident, turned hostile to the prosecution in view of the amicable settlement made out of court. The case against...the defacto complainant turned hostile to the prosecution. They in fact did not support the prosecution in view of a settlement made out of court. The defacto complainant Preshi is the 2nd respondent in...complainant have settled the dispute amicably.2. Annexure A judgment in C.C No. 4913/2011 shows that the others obtained a judgment of acquittal when all the material witnesses including...

...the Court of Session, and obtained a judgment of acquittal under Section 232 Cr.P.C when all the material witnesses including the defacto complainant turned hostile to the...witnesses examined by the prosecution in the said case turned hostile in view of an amicable settlement made by the parties out of court. In such a situation, it is quite definite that the prosecution...

...all the material witnesses including the defacto complainant turned hostile to the prosecution in view of an amicable settlement made by the parties out of court. The case against the petitioner...2002 shows that all the material witnesses examined by the prosecution in the said case turned hostile in view of an amicable settlement made by the parties out of court. In such a situation, it is...

...compromise or the complainant turned hostile, the petition is allowed and the petitioners are directed to be released on regular bail on execution of adequate personal and surety bonds to the.... Counsel for the petitioners contends that FIR no.170 had been recorded prior to the present FIR in which all the prosecution witnesses had turned hostile as there was a compromise. He further...

...or discharged on benefit of doubt or due to the fact that the complainant "turned hostile" shall be treated as person involved in a criminal case. Explanation: (2) A person involved...when the complainant turned hostile, it should be treated as disqualification, by virtue of explanation (2) to the said Rule, in the event a complaint is closed as mistake of fact, it should not be...involved in a criminal case and faced a trial and ultimately, acquitted on the ground of benefit of doubt or the complainant having turned hostile, still such benefit of doubt and the acquittal on...

...& 29.10.2015 respectively. This third application is filed on the ground that the complainant turned hostile and did not support the prosecution witnesses at all and...another witness Kadwa also turned hostile and did not support the prosecution witness. The present applicant was arrested by the Police Station Juni Indore, District Indore in Crime No.408/2015 under Section 394 of IPC. As per the prosecution story, on 10.08.2015 a report was lodged by the complainant Kadwa...golden chain from neck of his brother Meetha Lal. Both the complainant and his brother Meetha Lal turned hostile. Arguments heard, case diary perused. Learned counsel for the State fairly submits that there are no other eye witnesses available apart from the witnesses whose statements are already recorded. Taking into consideration the fact that after the complainant and...

...was taken for identification in the jail, a photograph was shown to him outside the jail.6. Learned counsel for the applicant submits that after the complainant turned hostile, no other...present applicant. However, he fairly submits that after the complainant turned hostile, no other legal evidence is available against him.8. In response, the learned counsel for the...place on 25.05.2015, complainant Amit S/o Pankaj Trivedi lodged an FIR in Police Station Y.D Nagar, Mandsaur that he was going from Ramtekri, Mandsaur to Gandhi Nagar on his motorcycle bearing No...

...police conducted the investigation against four persons, who were identified by the complainant. On trial, they were acquitted as the complainant turned hostile. The investigation against the petitioner...four persons were acquitted as complainant turned hostile.So far as petitioner is concerned, investigation against him was kept pending on account of his non-availability and required...learned counsel for the petitioner, FIR itself does not discloses any role of the petitioner, rather, four persons were arrested and dentified by the complainant. I have considered the issue in reference...

...It was noted that the defacto complainant turned hostile to the prosecution and denied the knowledge about the accused. In the light of the above judgment as well as the settlement now arrived at...with other accused wrongfully restrained the defacto complainant and attacked him. He sustained bodily injuries. Crime was registered thereupon and after investigation, all the accused were charge...sheeted for offences punishable under Sections 143, 147, 148, 149, 341, 323, 326 and 308 of IPC.2. The petitioner herein now contends that the dispute with the defacto complainant, who is...

... 2/5 pointed out by the learned Additional Advocate General, the petitioner got acquitted, since the complainant turned hostile and...criminal case before police verification. Explanation (1): A person who is acquitted or discharged on benefits of doubt or due to the fact that the complainant turned hostile shall...

...appears that the main witnesses including the de facto complainant turned hostile during trial in view of an amicable settlement made by the parties outside the court. Being a non-compoundable offence.... Pending the trial, the petitioners approached the trial court for bail, but their request for bail was disallowed. The court below has already examined some witnessed including the de facto complainant. It...

...Magistrate, and obtained a judgment of acquittal under Section 255(1) Cr.P.C, when the material witnesses including the defacto complainant turned hostile to the prosecution...Section 482 Cr.P.C to quash the prosecution, on the ground that he and the defacto complainant have amicably settled the whole dispute, and that no purpose will be served when the...other accused stand released from prosecution.2. The defacto complainant, Santhosh Kumar is the 1st respondent in this proceeding. He has filed affidavit to the effect that he has...

..., including complainant turned hostile and petitioner was falsely implicated in this case. He is in custody since August 2016. Therefore petitioner may be released on bail. Learned Public Prosecutor Mr...