As a rule, leading questions are generally allowed only during cross-examination, but a hostile witness is an exception to this rule. It is also not always necessary that wherever the witness turned hostile, the prosecution case must fail. During an intense cross examination Thursday, Dr. … 1.The provision permits only those questions that can be asked during cross-examination. Hostile Witnesses – A menace to the Criminal Justice System 1. As many as 92 witnesses in the Sohrabuddin fake encounter case turned hostile during cross-examination in the court. By its very definition a witness is a person, who is present at some event and able to give information about it. this makes it necessary that he should be cross examined by the very party who has called him so as to demolish his stand. In cross-examination conducted by the opposing party's attorney, a witness is presumed to be hostile and the examining attorney is not required to seek the judge's permission before asking leading questions. It is to be remembered that the discretion of the Court to permit “cross-examination” is absolute and independent of any question of “hostility” or adverseness. All the witnesses had turned hostile and the conviction of the appellant could not be based upon the sole testimony of a Police Officer, who himself was an interested witness. The utility of cross-examination under section 154 of the evidence act is that by it the court can more readily get the truth out of its witness as the witness turned hostile … Several attorneys responded and our readers might find what they said interesting. In the labyrinth of the criminal justice system, where the burden of proof lies heavily on the prosecution, the entire merit of a case depends on a witness. INTRODUCTION. Section 154 of the Indian Evidence Act States:The court may, in its discretion permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party. The Quint has exclusively accessed … This section a llows a party, with the permi ssion of the Even in the cross-examination by the learned APP he says...shadow witness turned hostile and has stated nothing qua the demand and acceptance by the Appellant. Either a prosecutor or a defense attorney may ask the court to consider a person a hostile witness if they are not testifying favorably. Looks like one of the defense's final witnesses wasn't ready to play nice with prosecutor David Walgren. The defiance may put leading questions in cross examination to a hostile witness to elicit fact in support of the defense theory. However, I do submit that it was one in which the examiner maintained control over the witness through-out and turned the witness' words about not understanding the word "drinking" against him while getting the answer he originally wanted and more.