Hostile witnesses — Effect — When a large number of witnesses, including eyewitnesses, turn hostile, prosecution case often collapses for want of evidence — While reasons for hostility can be varied (coercion, fear, monetary consideration, etc.), it cannot automatically lead to conviction based on prior S. 161 statements or IO’s testimony about such statements, as these are not substantive evidence — Court’s consternation at collapse of a serious case due to witness hostility cannot be a reason to convict on insufficient or inadmissible evidence, amounting to a moral conviction anathema to criminal jurisprudence.
2025 INSC 657 SUPREME COURT OF INDIA DIVISION BENCH RENUKA PRASAD Vs. THE STATE REPRESENTED BY ASSISTANT SUPERINTENDENT OF POLICE ( Before : Sudhanshu Dhulia and K. Vinod Chandran, JJ.…