HOSTILE WITNESS:
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A witness who is biased against the examining party or who is unwilling to testify.

A hostile witness may be defined as one who from the manner in which he gives evidence shows that he is not desirous of telling the truth to the court.

A witness is not to be considered hostile simply because he gives unfavourable statement. A witness is hostile, when in the opinion of the court , he bears hostile
intention to the party calling him. A witness should not be treated hostile simply because he does not support the prosecution case in all respects. He is hostile when
his temper, attitude, demeanour etc, shows a distinctly hostile feelings towards the party calling him, or when concealing his true sentiments he does not exhibit any
hostile feelings, but make statement contrary to what he has called to prove and by his manner of giving of evidence and conduct shows that he is not desirous of
giving evidence fairly and telling the truth to the court.

The prosecution cannot cross-examine its own witness, but the court has got wide discretionto allow the prosecution to cross-examine prosecution witnesses after
declaring them hostile.


PRINCIPLES APPLLCABLE TO THE ASSESSMENT OF EVIDENCE OF HOSTILE WITNESS:-
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No har and fast rule can be laid down as to the assessment of evidence of hostile witness. But where the court finds that certain facts disclosed by a hostile witness,

corroborating the story as set-up by other witnesses, can safely accept as true and in support of the version of the other witnesses.

It would be wrong to suggest that the evidence of hostile witness has to be discreditted wholly. The testimony of the hostile witness cannot be left-out of
consideration and the evidence has to be considered like the evidence of any other witness, but with a caution for the simple reasons that the witness has spokenin
different tones. When a person speaks in different voices, it is for the court to decide, in what voice he speaks the truth.