Hostile Witness under Section 154, Evidence Act, 1872: Case Analysis of Panchanan Gogai v. Emperor (57 Cal 1266)
Landmark Case on S.154 of Evidence Act, 1872 IN THE HIGH COURT OF CALCUTTA Decided On: 17.01.1930 Panchanan Gogai and Ors. vs. Emperor Equivalent Citations: (1930) ILR 57Cal1266; AIR1930Cal276; 34CWN526; 127Ind. Cas.270 Subject: Criminal Case Note: Criminal - Conviction - Offence committed punishable under Sections 328 and 366 of Indian Penal Code, 1860 (IPC) - Held, in present case, where witness was declared hostile, so that leave to cross-examine was granted to party calling him - Judge should explain to jury what position arose namely that by asking for leave to cross-examine witness party calling him admits that he was not a witness of truth and one whose evidence was not entitled to credit, who was prepared to make one statement on oath at one time and another at another time and that evidence of such witness should be rejected and left out of account in minds of jury - Learned Judge should have told jury to reject evidence of girl altogether and that his ...
