All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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55.

A is charged with committing forgery. C, a witness, states in court that A had committed forgery. C had earlier stated in court that A had not committed forgery. Which of the following statements is the most accurate application of the principle below ?


Principle :

The testimony of a hostile witness can be used to the extent to which it supports the prosecution's case.

A: The evidence of C will be admissible.
B: The evidence of C will be inadmissible and neither party will be able to rely on C's statements.
C: The evidence of C will be inadmissible, as it does not support the prosecution's case.
D: The evidence of C will be admissible, but only after C has been tried for perjury for lying in court earlier.
E: The evidence of C will be inadmissible because C has completely contradicted her statement

The answer is: A

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Explanation

The correct option is A: The evidence of C will be admissible.

According to the principle given, the testimony of a hostile witness can be used to the extent to which it supports the prosecution's case. A hostile witness is a witness who testifies against the party who has called them to testify. The examiner may ask a hostile witness leading questions, as in cross-examination. In this case, C is a hostile witness for the prosecution, as he has given contradictory statements in court. However, his latest statement that A had committed forgery supports the prosecution's case. Therefore, the evidence of C will be admissible to that extent.

Option B is incorrect because the evidence of C will not be inadmissible and neither party will be able to rely on C's statements. The evidence of C is relevant and material to the case, as it relates to the charge of forgery against A. The fact that C has contradicted himself does not make his evidence inadmissible, but only affects his credibility as a witness. The court can decide the weight and value of his evidence based on other circumstances and evidence.

Option C is incorrect because the evidence of C will not be inadmissible, as it does not support the prosecution's case. As explained above, the evidence of C does support the prosecution's case, as he has stated that A had committed forgery. The fact that he had earlier stated otherwise does not make his evidence inadmissible, but only affects his credibility as a witness.

Option D is incorrect because the evidence of C will not be admissible, but only after C has been tried for perjury for lying in court earlier. The evidence of C is admissible regardless of whether he has been tried for perjury or not. Perjury is a separate offence under Section 191-195 of the Indian Penal Code, which punishes giving false evidence or fabricating false evidence. The trial for perjury does not affect the admissibility of the evidence given by C, but only affects his credibility as a witness.

Option E is incorrect because the evidence of C will not be inadmissible because C has completely contradicted his statements. As explained above, the evidence of C is admissible regardless of whether he has contradicted his statements or not. The contradiction only affects his credibility as a witness, but not the relevance and materiality of his evidence.