1.1 Witness
_ “One who gives Evidence in a cause; an indifferent person to each party, sworn to speak the truth, the whole truth and nothing but the truth” – Oxford Dictionary
_ “One who sees, knows or vouches for something or one who gives testimony, under oath or affirmation in person or by oral or written deposition, or by affidavit” – Black’s Dictionary
1.2 Hostile witness:
Witness who from his manner in which he gives his evidence shows he is not desirous from telling the truth to the court ( Sir JP Wilde Colos v/s. Cales and Brow ((1886) LR P and D 71)
In Oxford dictionary the word Hostile is defined as "very unfriendly or aggressive and ready to argue or fight" This is a Latin origin word derived from "hostlis", from "hostis", means enemy.
And while in Wikipedia "A hostile witness is a witness in a trial who testifies for the opposing party or a witness who offers adverse testimony to the calling party during direct examination”. A hostile witness is sometimes known as an adverse witness or an unfavorable witness.”
Sat Pal v/s. Delhi Administration (AIR 1976 SC 294): _ Distinguishes between Hostile Witness v/s. Unfavorable Witness. This was an ACB Case. Two witnesses supposed to be independent made contradicting statements.
Prosecution permitted to cross-examine. Question: Should they necessarily be taken as hostile witnesses? _ Held: Hostile Witness was one who was not desirous of telling truth. Unfavorable witness on the other hand is the one who is called upon by a party to prove a particular fact, but fails to prove it or proves an opposite fact.
R.K. Dey v/s. Orissa* *AIR 1977 SC 170
_ A witness is not necessarily hostile if he is speaking the truth and his testimony goes against the interest of the party calling him. A witness’s primary allegiance is to the truth and not to the party calling him. Hence, unfavorable testimony does not declare a witness hostile. Hostility is when a statement is made in favour of the defense due to enmity with the prosecution.
G.S.Bakshi v/s. State A.I.R. 1979 S.C. 569
_ The inference of the hostility is to be drawn from the answer given by the witness and to some extent from his demeanor. So, a witness can be considered as hostile when he is antagonistic in his attitude towards the party calling him or when he conceals his true sentiments and does not come out with truth and deliberately makes statements which are contrary to what he stated earlier or is expected to prove. When a prosecution witness turns hostile by stating something which is destructive of the prosecution case, the prosecution is entitled to request the Court that such witness be treated as hostile.