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Cases cited for the legal proposition you have searched for.

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...rape upon the daughter of the complainant namely Nishu, who is mentally retarded. Learned State counsel submits that during trial, eye witness and complainant has turned hostile as the compromise has...-2- time to conclude and the fact that the eye witness and complainant turned hostile as the matter stands compromised between the parties, the present petition is allowed. Petitioner is ordered to...

.... The de facto complainant turned hostile and court below, on an appreciation of the available materials, found the first accused not guilty and acquitted him. Case against the second accused was split...de facto complainant. The judgment evidenced by Annexure-AIII also indicates that the de facto complainant turned hostile and did not support the prosecution case in any manner. Since the allegation....2. According to the de facto complainant, first accused married her on 03.09.2010 Thereafter, they started staying in a rented quarters of the second accused, there, she was subjected to...

...the complainant turned hostile. 11. Shri V.N Subramaniam, learned counsel appearing for the respondent, supported the findings recorded by the High Court. The learned counsel submitted...other witnesses since few of the other 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...court, PW 1 and PW 2, the husband and the wife (victim) turned hostile. The prosecution then did not take steps to examine the rest of the prosecution witnesses. Head Constable Adiyodi (No. 1368) and...

...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...

...JMFC, Malavalli, Mandya. This petitioner was examined as PW-5 in Spl.C.C.No.12/2014 on the file of the 1st Additional District and Sessions Judge, Mandya. It appears, she being the complainant turned hostile to...to the conclusion that the witness turned hostile, he should observe the same in the final judgment that was rendered on 03.07.2014 and ought to have directed to register a Miscellaneous Case against...

...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...

...complainant turned hostile to the prosecution in view of an amicable settlement made by the parties out of court. The case against the petitioner herein was split up and refiled as C.C No. 379/2014. The...that the material witness 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 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...

...& 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 ...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 s...

...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...

...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...

.... 164 of 2009, and obtained a judgment of acquittal on 2.5.2016, when all the material witnesses including defacto complainant turned hostile to the prosecution in view of an amicable settlement made by...him will not serve any purpose. The respondents 1 to 4 are the complainant and the other injured in the crime. They all have filed affidavit to the effect that the whole dispute now stands settled out...

...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...

...bail by this Court which came to be extended from time to time. Certified copy of the deposition of the complainant recorded by the Sessions Judge is produced to show that complainant turned hostile. But...

..., 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...

...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...

...for the respondent is, despite the complainant turned hostile but another witness supported the Management, as such, an order of dismissal was passed and the same was communicated to the Secretary as...petitioner is held guilty and on another charge, he is held not guilty. The complainant is said to have turned hostile. The contention of the Management is, since it refused to grant leave to the complainant, she...that the petitioner is held guilty of the charge with regard to sexual harassment, that too, the very complainant has turned hostile and the Management is shown to have taken the stand that there was dispute between the ...

.... During investigation, the complainant identified the accused. However, before the trial Court he turned hostile and he did not identify the accused person. This second a..., even if complainant turned hostile, there are evidence of police party, who were chasing him. I have gone through the case diary. There are several witnesses, who were member of...the police party, who chased the applicant at the time of incident. At this stage, merely on the basis of turning hostile of the complainant, benefit cannot be extended to the present applicant...

...Ext.P1 document. PW1 is the defacto complainant. She and the other witnesses turned hostile to the prosecution. It appears that the witnesses did not support the prosecution in view of an amicable settlement made by the par...turned hostile to the prosecution. The prosecution involves the offences under Sections 143, 147, 148, 149, 452 and 427 IPC, Section 27 of the Arms Act and Section 5 of the Explosive...learned Assistant Sessions Judge, Nedumangad, and obtained a judgment of acquittal under Section 232 Cr.P.C, when the material witnesses including the defacto complainant...

...before the trial Court, it would be apparent that the complainant Narendra Kumar Tiwari (P.W.1) has turned hostile. He has informed that his talks could not take place with the respondent and he applied...which was recorded by the complainant was alleged to be recorded by the complainant and at that time, no other witness was present. Since the complainant turned hostile then, it was for the prosecution...the respondent should have been obtained, from some laboratory or an expert. No such procedure is adopted by the prosecution and therefore, when the complainant turned hostile, it cannot be presumed...

..., the trial court acquitted him and other co-accused for want of evidence. It is pertinent to note that the witnesses turned hostile. The respondent Mehar Singh applied for the post of Constable...charges fall in the category of serious offences or moral turpitude, though later acquitted or acquitted by extending benefit of doubt or the witnesses have turned hostile due to fear of reprisal by...moral turpitude are registered and who are later on acquitted by extending benefit of doubt or because the witnesses have turned hostile due to fear of reprisal by the accused person shall not...

...a person is acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile, etc. In the case on hand the prosecution did not take steps to examine many of the crucial wit...tests. That being the factual situation, we are of the view that the respondent was not honourably acquitted by the criminal court, but only due to the fact that PW 1 and PW 2 turned hostile and other...his wife turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. We are not prepared to...

...witnesses turned hostile during the trial in the criminal case. It is further submitted that the hostility of the crucial prosecution witness during the criminal trial does not disprove the involvement...liability. Further, it has to be noted that the petitioner was not honourably acquitted, but he was acquitted on benefit of doubt, since the P.W. 1 to P.W.7 turned hostile. 11. The...respondent was not honourably acquitted by the criminal Court, but only due to the fact that P.W.I and P.W.2 turned hostile and other prosecution witnesses were not examined." 15. Further the...

...may be cases where a person is acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile, etc. In the case on hand the prosecution did not take steps to examine many...his wife turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. We...

...factual situation, we are of the view that the respondent was not honourably acquitted by the criminal court, but only due to the fact that PW 1 and PW 2 turned hostile and other prosecution witnesses..., defendant orally admitted his guilt and offered to compensate the Bank by paying the sum of Rs. 1,55,000/- by way of deduction from his salary, however, his request was turned down and he was removed...Station and it is in their presence that the complaint was registered. In fact, the criminal court has also opined that the signature of PW 1 (husband - complainant) is found in Ex.P1 - Complaint...

...Complainantturned hostile” shall be treated as person involved in a Criminal case.Explanation (2): A person involved in a Criminal case at the time of Police Verification and the case...doubt or,(b) discharge on benefit of doubt, or(c) due to the fact that the Complainantturned hostile”.If one of the above said aspects is present...acquittal or discharge on benefit of doubt or due to the fact that Complainant turned hostile, whereas, Explanation (2) deals with a person against whom a Criminal case is pending at the time of Police...

...instructions with regard to involvement in criminal case.Explanation (1): A person who is acquitted or discharged on benefit of doubt or due to the fact that the complainant turned hostile, shall..., but acquitted due to the fact that the complainant turned hostile. Hence, as per G.O.Ms No. 1410, Home Department, dated 17.10.2008, he was not appointed to the post of Grade II Warden in Prison...automatic right to be appointed for the post which he had appeared for. It is also his contention that the petitioner was not acquitted honourably, but acquitted due to the fact that the complainant turned hostile. Therefor...

...person who is acquitted 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...Rule 14(b) Explanation (1) reveals that it is specifically stated that a person, who is acquitted or discharged on benefit of doubt or due to the fact that the complainant turned hostile shall.... Even the complainant, P.W.1 did not implicate the petitioner. This is not a case where the acquittal was because of witnesses turned hostile or on the basis of technicalities like belated...

...acquitted 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...to the fact that the "complainant" "turned hostile" shall be treated as person involved in a Criminal Case and as such, there is a hurdle for him in getting appointment, even in case of discharge...misconception in respect of the legal terms "discharge" and "acquittal". 78. The same Explanation (1) reads further that due to the fact that the "complainant" turned hostile, in...

...reasons or the prosecution giving up other witnesses since few of the other 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 ...due to the fact that PW 1 and PW 2 turned hostile and other prosecution witnesses were not examined. 23. As we have already indicated, in the absence of any provision in the service...his wife turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. We are not prepared to say in the instant case, the respondent was...

...sufficient. There may be cases where a person is acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile, etc. In the case on hand the prosecution did not take ste...his wife turned hostile. The court, therefore, acquitted the accused giving the...the other witnesses turned hostile, etc. On the other hand, the petitioner was acquitted after regular trial and on hot contest by the prosecution and the petitioner. The learned counsel for the...

...preponderance of probabilities is sufficient. There may be cases where a person is acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile, etc. In the case on han...his wife turned hostile. The court, therefore, acquitted the...

...is sufficient. There may be cases where a person is acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile, etc. In the case on hand the prosecution did not take ...of 1992 is concerned, prosecution examined five witnesses out of which 1 to 4 have turned hostile and though P.W.5 has given clear evidence in favour of the prosecution, there is an order of...have turned hostile. There may be a “brotherhood” in favour of this appellant of which we are not concerned. Charges on criminal side and on civil side (i.e in departmental proceedings) are entirely...

...the other 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...demanded bribe from the complainant. The criminal case of V.Senthil Kumar was registered in No.RC.29(A)/2003-BLR; after verifying the genuineness of the complaint, it was decided to trap...witnesses either the complainant or any person, who are party to the proceedings. Under these circumstances, it is to be taken as if there is no evidence and the Enquiry Officer committed a grave error in...

...of probabilities is sufficient. There may be cases where a person is acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile, etc. In the case on hand the prosecut..., we are of the view that the respondent was not honourably acquitted by the criminal court, but only due to the fact that PW 1 and PW 2 turned hostile and other prosecution witnesses were not examined...his wife turned hostile. The court, therefore, acquitted the...

...the prosecution giving up other witnesses since few of the other 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 ...his wife turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. We are not prepared to say in the instant case, the respondent was...other witnesses since few of the other witnesses turned hostile etc., but it may not of any help in the disciplinary proceedings.”As stated above, the petitioner has not challenged the...

...few of the other 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...turned hostile, and they appear to have been won over. 10. In Commr. of Police v. Mehar Singh 2013 7 SCC 685, this Court, in...in a departmental proceeding is preponderance of probabilities. Quite often criminal cases end in acquittal because witnesses turn hostile. Such acquittals are not acquittals on merit...

...technical reasons or the prosecution giving up other witnesses since few of the other 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 t...2 turned hostile and other prosecution witnesses were not examined.Honourable Acquittal24. The meaning of the expression ‘honourable acquittal’ came up for...his wife turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. We are not prepared to say in the instant case, the...

...criminal case before Police Verification; Explanation:- (1) A person who is acquitted or discharged on benefit of doubt or due to the fact that the complainant "turned hostile" shall be...

...of the view that the respondent was not honorably acquitted by the criminal court, but only due to the fact that PW 1 and PW 2 turned hostile and other prosecution witnesses were not examined...of the other witnesses turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. We are not prepared to say that in the instant case, the respondent was honourably...complainant was registered. In fact, the criminal court has also opined that the signature of PW 1 (complainant husband) is found in Ext. P-1 complaint. Further, the doctor, PW 8 has...

...in any Criminal Case before Police verification.Explanation (1): A person who is acquitted or discharged on benefit of doubt or due to the fact that the Complainantturned hostile” shall...Rule 14(b)(iv) of the Rules also states that if a person is discharged on benefit of doubt or due to the fact that the Complainant has turned hostile, even then he is not...Explanation-1 to Rule 14(b)(iv) of the Rules, it is explained that if a person is acquitted due to the fact that the Complainant had “turned hostile”, then the said person is not...

...acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile etc., but it may not of any help in the disciplinary proceedings...

...Sri.Venkata Naik and Sri.Raja Naik were examined as PW-2 and PW-3 before the JMFC Court. The judgment of the JMFC Court would state that PW-2 and PW-3 have turned hostile and they have denied that the...

...up other witnesses since few of the other 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...prosecution witnesses turned hostile and as such, he recommended punishment under Rule 4(1) Kha of the U.P Police Officers of the Subordinate Ranks (Punishment and Appeal....Learned counsel for the petitioner submitted that there is no material that the petitioner has influenced the witnesses as a result of which they turned hostile. Further, in the...

...case before police verification.Explanation (1): A person who is acquitted or discharged on benefit of doubt or due to the fact that the complainantturned hostile” shall be treated...witnesses turned hostile or on the basis of technicalities like belated registration of F.I.R This is a case of no evidence.”13. But, I am not going to do the said exercise, in view of...words ‘benefit of doubt’ are used, the case is really one of honourable acquittal. Even the complainant, P.W.1 did not implicate the petitioner. This is not a case where the acquittal was because of...

...the Tamil Nadu Special Police Subordinate Service Rules, since P.W.1/Defacto Complainant has turned hostile. 4. The Learned Counsel for the Petitioner contends that the.... Explanation: (1) A person who is acquitted or discharged on benefit of doubt or due to the fact that the complainantturned hostile” shall be treated as person involved in a criminal case...Rule shows that a person who is acquitted or discharged on 'Benefit of Doubt' or due to the fact that the Complainant has turned hostile shall be treated as one who is involved in a criminal case. It...

..., the petitioner was dismissed from service on grounds of forgery. He was also acquitted in the criminal trial, when the complainant turned hostile. A division bench of this Court held that...Magistrate while passing the Judgment of acquittal is not a clean acquittal but is based upon benefit of doubt inasmuch as the complainant turned hostile does not entitle the petitioner to take benefit.... However, where the evidence is led and for some reasons that cannot prove the charges framed, or the testimonies of the witnesses - who turned hostile for some reasons, is not reliable, the prosecution...

...complainant turned hostile. A division bench of this Court held that:“Mere fact that the petitioner has been acquitted in the criminal case which in view of the observation made by the...Learned Magistrate while passing the Judgment of acquittal is not a clean acquittal but is based upon benefit of doubt inasmuch as the complainant turned hostile does not entitle the petitioner to take...after removing the said technicalities. However, where the evidence is led and for some reasons that cannot prove the charges framed, or the testimonies of the witnesses - who turned hostile for some...

...have more than one wife living.Explanation: (1) A person who is acquitted or discharged on benefit of doubt or due to the fact that the complainantturned hostile” shall be treated as....”16. A reading of the aforementioned Rule shows that a person who is acquitted or discharged on ‘Benefit of Doubt’ or due to the fact that the Complainant has turned hostile shall be treated as...

...technical reasons or the prosecution giving up other witnesses since few of the other 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 ...his wife turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. We are not prepared to say that in the instant case, the...

...to the fact that the complainant turned hostile, shall be treated as a person involved in a criminal case. Explanation-2: A person involved in a criminal case at the time police...acquittal. Even the complainant, P.W.1 did not implicate the petitioner. This is not a case where the acquittal was because of witnesses turned hostile or on the basis of technicalities like belated...Chandrakant and A-1 to A-3 caused simple hurt to others. The judgment shows that none of the prosecution witnesses have given evidence about the charge. They have not been treated as hostile. The relevant...

...does not have more than one wife living. Explanation: (i) A person who is acquitted or discharged on ‘Benefit of Doubt’ or due to the fact that the complainantturned hostile” shall...acquitted or discharged on ‘Benefit of Doubt’ or due to the fact that the Complainant has turned hostile shall be treated as one who is involved in a criminal case. A reasonable apprehension/genuine...judgment In C.C.No.6 of 2008 in para No.15, has inter alla observed that P.s 1 to 3’s evidence are not in favour of the prosecution side and also that P.Ws.2 and 3 and 7 have turned hostile. Further...

...since few of the other 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...prosecution witnesses cannot be ruled out or the witnesses have turned hostile. Then the court will not lightly let the delinquent off the hook. On facts the Supreme Court found that the acquittal was only...due to the fact that PW 1 and PW 2 turned hostile and other prosecution witnesses were not examined. The Supreme Court dealt with the meaning of honourable acquittal explaining the legal position in...

...of Doubt' or due to the fact that the complainantturned hostile” shall be treated as person involved in a criminal case. "Explanation: (2) A...perusal of the Rule mentioned supra, it is categorically clear that an individual, who is acquitted or discharged on 'Benefit of Doubt' or due to the fact that the Complainant has turned hostile...and also that P.W.1 has turned hostile and also that based on P.W.3 Head Constable's evidence alone, it cannot be concluded that the occurrence has taken place and ultimately held that the charges...

...acquitted him on May 11, 2005 noting that the witnesses had turned hostile and claimed that the police had obtained their signatures on blank papers. The witnesses did not identify Deepak. Even the complainant Sandeep...turned hostile. As an adult Deepak was named as an accused in FIR No. 220/2007 registered at PS Sadar Distt. Sonepat at the complaint lodged by one Amit for offences punishable under Section 148/149/323/325 IPC....examined who turned hostile resulting in Deepak being acquitted vide...

...acquitted him on May 11, 2005 noting that the witnesses had turned hostile and claimed that the police had obtained their signatures on blank papers. The witnesses did not identify Deepak. Even the complainant Sandeep...turned hostile. As an adult Deepak was named as an accused in FIR No.220/2007 registered at PS Sadar Distt. Sonepat at the complaint lodged by one Amit for offences punishable under Section 148/149...examined who turned hostile resulting in Deepak being...

...acquitted him on May 11, 2005 noting that the witnesses had turned hostile and claimed that the police had obtained their signatures on blank papers. The witnesses did not identify Deepak. Even the complainant Sandeep...turned hostile. As an adult Deepak was named as an accused in FIR No.220/2007 registered at PS Sadar Distt. Sonepat at the complaint lodged by one Amit for offences punishable under Section 148/149...examined who turned hostile resulting in Deepak being...

...acquitted him on May 11, 2005 noting that the witnesses had turned hostile and claimed that the police had obtained their signatures on blank papers. The witnesses did not identify Deepak. Even the complainant Sandeep...turned hostile. As an adult Deepak was named as an accused in FIR No.220/2007 registered at PS Sadar Distt. Sonepat at the complaint lodged by one Amit for offences punishable under Section 148/149...examined who turned hostile resulting in Deepak being...

...verification.Explanation (1): A person who is acquitted or discharged on benefit of doubt or due to the fact that the complainantturned hostile” shall be treated as person involved in a...by the prosecution. Similarly, P.W.2 to P.W.7 have also turned hostile and no cross examination was done by the prosecution. The trial court held that after examination of the wife, father-in-law and...Ex.P.1, dated 13.4.2010 She also stated that she was not harassed by her husband, i.e, the petitioner and he never demanded any dowry. The petitioner's wife by name Rajalakshmi was treated as hostile...

...more than one wife living. Explanation: (1) A person who is acquitted or discharged on 'Benefit of Doubt' or due to the fact that the complainantturned hostile” shall be treated as...Complainant has turned hostile shall be treated as one who is involved in a criminal cas. One cannot ignore an important fact that some individuals involved/implicated in criminal cases and finally...complaint and has consequently, turned hostile. Moreover, the trial Court has also opined that since the important witness has turned hostile, it creates a big suspicion about the case of the prosecution...

...can be noticed that P.W.1 to P.W.3 and P.W.5 including the complainant turned hostile and that therefore, the petitioner was acquitted in the criminal case only on the ground that the charges are not...S.C.No.18 of 2010. It is pertinent to mention that in the criminal case, the person who has given the complaint against the petitioner turned hostile and the criminal Court recorded a finding that the...of fact, the persons who have given the criminal complaint against the petitioner and his friends who accompanied him at the time of incident turned hostile and gave evidence contrary to their own...

...supra makes it candidly clear that a person, who is acquitted or discharged on 'Benefit of Doubt' or due to the fact that the Complainant has turned hostile shall be treated as one who is involved in a...the the Court. The Observation Mahazer witnesses viz., P.W.6 Venkatesan and P.W.7 Mayakrishnan have also turned hostile. P.W.4 Thirumurugan, P.W.5 Marimuthu, who are cited as occurrence witnesses have...also turned hostile. While so their evidences have also been rejected by this Court" and further the evidence of P.W.8 only speaks about the investigation and his evidence has not...

...acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile etc. In the case on hand the prosecution did not take steps to examine many of the crucial witnesses on the...his wife turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. We are not prepared to say in the instant...

...'Benefit of Doubt' or due to the fact that the complainantturned hostile” shall be treated as person involved in a criminal case...Complainant has turned hostile shall be treated as one who is involved in a criminal case. A reasonable apprehension/genuine apprehension of the second Revision Petitioner/A2 cannot be brushed aside so lightly..., while passing the impugned Judgment in S.T.C.No.1313 of 2012 on 06.11.2012 has inter alia observed that P.W.1/victim has turned hostile and further, only based on the evidence of P.W.2, it cannot be...

...one wife living. Explanation: (1) A person who is acquitted or discharged on 'Benefit of Doubt' or due to the fact that the complainantturned hostile” shall be treated as person...acquitted or discharged on 'Benefit of Doubt' or due to the fact that the Complainant has turned hostile shall be treated as one who is involved in a criminal case. One cannot ignore an important fact that...that witness P.W.1 has turned hostile. In short, the plea of the Petitioner is that the finding of acquittal rendered by the trial Court in the criminal case operates as a stigma on the Petitioner...

...the view that the respondent was not honourably acquitted by the criminal court, but only due to the fact that P.W 1 and P.W 2 turned hostile and other prosecution witnesses were not examined...presence that the complaint was registered. In fact, the criminal court has also opined that the signature of PW 1 (husband-complainant) is found in Ex. P1 - Complaint. Further, the Doctor P.W 8 has...

...the witnesses turned hostile and again, the complainant and the injured filed a compromise memo, which was also rejected, the petitioner was acquitted by giving benefit of doubt under S. 248(1) Cr. P.C...person who is acquitted or discharged on benefit of doubt or due to the fact that the complainantturned hostile’ shall be treated as person involved in a criminal case.Explanation..., [1999 (3) L.L.N 870]. That was a case where the antecedent was suppressed in the application form and largely the case turned out on its...

...discharged on 'Benefit of Doubt' or due to the fact that the complainantturned hostile” shall be treated as person involved in a criminal case...Complainant has turned hostile shall be treated as one who is involved in a criminal case. One cannot ignore a vital fact that there is a possibility that some persons might be involved/implicated in...made by the defendant-complainant on facts based on his personal knowledge the burden of proof is different from a case where the complaint is based on information believed to be true. In the case of...

...person is acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile, etc. In the case on hand the prosecution did not take steps to examine many of the crucial witne...his wife turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. We are not prepared to say...

...prosecution giving up other witnesses since few of the other 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 ...his wife turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. Who was not prepared to say that in the instant case, the respondent was...

...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, therefore.... 23. While considering the nature of acquittal, it would not be enough to simply observe that the witnesses had turned hostile and therefore it would be presumed that the accused had created a..., turned hostile. What where the statements made by the injured eye witnesses to the police are not known to us. Learned counsel for Bhawani Singh urged that his clients name is not to be found in...

...factual situation, we are of the view that the respondent was not honourably acquitted by the criminal court, but only due to the fact that PW 1 and PW 2 turned hostile and other prosecution witnesses...Police Station and it is in their presence that the complaint was registered. In fact, the criminal court has also opined that the signature of PW 1 (husband complainant) is found in Ex.P1 Complaint...

...serious flaw in the conduct of the criminal case. Two material witnesses turned hostile. Referring to the judgment of this Court in RBI v. Bhopal Singh Panchal...is based on some serious flaw in the conduct of the prosecution case or is the result of material witnesses turning hostile. It is only experienced officers of the Screening Committee who will be...because witnesses turn hostile. Such acquittals are not acquittals on merit. An acquittal based on benefit of doubt would not stand on a par with a clean acquittal on merit after a full-fledged trial...

...people. Carrying lathis and axe and started beating the complainant and other persons of his PW-1 (complainant) and PW-2 turned hostile and denied all the contents of complaint. Witnesses admitted their...his village. PW1 (complainant) and PW2 turned hostile and denied all the contents of complaint. Witnesses admitted their signature on complaint but said that they...because star witnesses turned hostile and thus accused got benefit of doubt. Appears that witnesses have been won over. Accused 19 years age at the time Page No. 13 of 15 village. remaining witnesses...

...out by the learned counsel for the respondents that before the criminal court PW 9,13 and 14 who were examined on the side of the prosecution turned hostile. But at the same time the evidence was...conduct of the criminal case. Two material witnesses turned hostile. Thus referring to an earlier judgment of the Apex Court in Management of Reserve Bank of India, New Delhi v. Bhopal Singh Panchal (1994...read with 34 of IPC. The allegation was that he along with others committed robbery of gold ornaments belonging to the defacto complainant, who was examined by the learned Magistrate as PW1, at a place...

...along with other people. Carrying lathis and axe and started beating the complainant and other persons of his village. PW1 (complainant) and PW2 turned hostile and...witness admitted the evidence but denied the involvement of accused. Stated that Accused acquitted as the solitary eye witness turned hostile. Considered Page No. 14 of 15 creating hindrance in the same and thereafter upon the ...(complainant). Caused hurt to her, after which the complainant was admitted in the hospital. The complainant and one Pradeep (PW2) has turned hostile and therefore prosecution evidence was closed and the...

...and axe and started beating the complainant and other persons of his village. • PW-1 (complainant) and PW-2 turned hostile and denied all the contents of complaint. • Witnesses admitted their.... • Accused acquitted because star witnesses turned hostile and thus accused got benefit of doubt. • Appears that witnesses have been won over. • Accused 19 years age at the time of commission of offence. Narender Kumar SLP (C) No.... • Carrying lathis and axe and started beating the complainant and other persons of his village. • PW1 (complainant) and PW2 turned hostile and denied all the contents of complaint. • Witnesses admitted...

...along with other people. Carrying lathis and axe and started beating the complainant and other persons of his village. PW1 (complainant) and PW2 turned hostile and...witness admitted the evidence but denied the involvement of accused. Stated that Accused acquitted as the solitary eye witness turned hostile. Considered Page No. 14 of 15 creating hindrance in the same and thereafter upon the ...(complainant). Caused hurt to her, after which the complainant was admitted in the hospital. The complainant and one Pradeep (PW2) has turned hostile and therefore prosecution evidence was closed and the...

...complainant had turned hostile. Accordingly, all the accused persons including the petitioner were acquitted of the charges levelled against them.4. The learned counsel for the petitioner submits that the judg...turned hostile due to fear of reprisal by the petitioner; instead, the petitioner was acquitted after a full fledged...under Section 147 IPC is concerned, three main witnesses turned hostile. The learned Magistrate, therefore, acquitted all the accused of the said offence. This acquittal can never be described as an...

...few of the other witnesses turned hostile etc. 22. It is, therefore, clear from the deluge of judgments of the Honble Apex Court only some of which have been cited, that that.... Further, the applicant had to be contained by the Vigilance Inspectors during the check when the things turned worse and the check had to be aborted to ensure order. 8. The...

...are of the view that the respondent was not honourably acquitted by the criminal court, but only due to the fact that PW 1 and PW 2 turned hostile and other prosecution witnesses were not examined...Section 376 IPC was also added. The complainant Shakina alleged that her daughter had been abducted by the petitioner and he was last seen talking with her. It was stated that her daughter Guddi was...tried for the offences of 363, 366 and 376 IPC by the Sessions Judge, Dholpur in Sessions Case No.173/98. In the statement recorded before the Court, the complainant and the abducted lady Guddi as well as...

...of the complainant turning hostile during his cross examination, it observed that he had turned around in his testimony after a gap of nine months of his examination-in-chief, which indicated that...PW-6 and some of the official witnesses had turned hostile. He points out that the Trial Court, in fact, rejected the testimony of the complainant PW-6, insofar as he had not supported the case of..., 2011 (185) DLT 135, to submit that the Division Bench has held in this case that there is no presumption that a witness who has turned hostile, has been won over by th...

...having turned hostile and other prosecution witnesses have not been examined, he cannot get advantage of acquittal in the criminal case by passing an order of reinstatement in service. It has further...few of the other witnesses turned hostile, etc.35. This Court, after taking into consideration the fact involved in the instant case and when it has been compared with the ratio laid...

...17 witnesses have turned hostile and therefore it is not an honourable acquittal. Iam of the view that this factor too would have to be considered by the Labour Court. Keeping...

...where a person is acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile, etc. In the case on hand the prosecution did not take steps to examine many of the cruci...his wife turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. We are not....20. Out of five prosecution witnesses P.Ws 1, 2, 3 and 4 have not supported the prosecution case. Other witnesses namely, P.W 1, 2 and 3 have been declared hostile. P.W 4 is the informant of the...

....4. The learned counsel for the petitioner submits that the judgment of the Trial Court does not suggest that the complainant had turned hostile due to fear of reprisal by the petitioner...the conduct of the criminal case. Two material witnesses turned hostile. Referring to the judgment of this Court in Management of Reserve Bank...order further indicates that so far as offence of rioting i.e offence under Section 147 IPC is concerned, three main witnesses turned hostile. The learned Magistrate, therefore, acquitted all the accused...

...witnesses since few of the other 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...turned hostile and other prosecution witnesses were not examined.26. As we have already indicated, in the absence of any provision in the service rules for reinstatement, if an employee...his wife turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. We are not prepared to say that in the instant case, the respondent was honourably acquitted by the...

...that the judgment of the Trial Court does not suggest that the complainant had turned hostile due to fear of reprisal by the petitioner; instead, the petitioner was acquitted after a full fledged trial...the non-examination of key witnesses. There was a serious flaw in the conduct of the criminal case. Two material witnesses turned hostile. Referring to the judgment of this Court in Management of...have turned hostile due to fear or reprisal. Therefore ultimately, the judgment of acquittal would have to be examined. In that case (Mintu Mistri v. UOI, WP(C) 1530/2012, decided on 20.09.2012...

....4. The learned counsel for the petitioner submits that the judgment of the Trial Court does not suggest that the complainant had turned hostile due to fear of reprisal by the petitioner...the conduct of the criminal case. Two material witnesses turned hostile. Referring to the judgment of this Court in Management of Reserve...order further indicates that so far as offence of rioting i.e offence under Section 147 IPC is concerned, three main witnesses turned hostile. The learned Magistrate, therefore, acquitted all the...

...verification. Explanation (1): A person who is acquitted or discharged on benefit of doubt or due to the fact that the complainantturned hostile” shall be treated as person involved in a criminal case...service, a person may engage himself in political activities. All that we say is that he cannot be turned back at the very threshold on the ground of his past political activities. Once he becomes a...

...of the non-examination of key witnesses. There was a serious flaw in the conduct of the criminal case. Two material witnesses turned hostile. Referring to the judgment of this Court in RBI...turned hostile. The learned Magistrate, therefore, acquitted all the accused of the said offence. This acquittal can never be described as an acquittal on merits after a full-fledged trial. Respondent...the result of material witnesses turning hostile. It is only experienced officers of the Screening Committee who will be able to judge whether the acquitted or discharged candidate is likely to revert...

...is acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile etc. In the case on hand the prosecution did not take steps to examine many of the crucial witnesses on ...his wife turned hostile. The court, therefore, acguitted the accused giving the benefit of doubt. We are not prepared to say in the...

...witnesses since few of the other 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, therefore, acquitted the accused giving the benefit of doubt. We are not prepared to say in the instant case, the respondent was honourably acquitted by the criminal...

...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...the criminal case reveal that PW5 photographer has taken photographs at the instance of the complainant and those photographs show that the line was not sagging at all. Therefore, prima facie, it is...PWs.2 and 3 are not trustworthy. Moreover, the prosecution treated PWs.2 and 3 as hostile witnesses. PWs.2 and 3 who faced the cross examination are treated hostile by the prosecutor on the ground...

...Act and simultaneously proceeded departmentally. In the criminal case he was acquitted as the complainant and the lady turned hostile and the prosecution failed to examine other crucial...sufficient. page 10 of 18 skc 12-WP-8764-15 19] Further, in S. Samuthiram (supra), the Hon'ble Supreme Court held that acquittal in a criminal case on account of the lady complainant turning hostile and...into consideration the acquittal order dated 5th January 2007 but has observed that such acquittal was on account of the prosecution witnesses turning hostile. The revisional authority has further...

...prosecution giving up other witnesses since few of the other 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 ...technical reasons or the prosecution giving up other witnesses since few of the other 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 ...witnesses have turned hostile, and they appear to have been won over. 10. In Commissioner of Police, New Delhi and another v. Mehar Singh...

...other 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...Lordships have also explained that there may be a case where a person is acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile. Their...

...sufficient. There may be cases where a person is acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile, etc. In the case on hand the prosecution did not take ste...enough to simply observe that the witnesses had turned hostile and therefore it would be presumed that the accused had created a terror twice over; firstly when the offending act constituting the crime was...his wife turned hostile. The court, therefore, acquitted the accused giving the benefit...

...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, therefore...

...technical reasons or the prosecution giving up other witnesses since few of the other 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 ...his wife turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. We are not prepared to say that in the instant case, the...

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