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What happens if the witness gives evidence which is contrary to that of a party calling him?



The witness may give evidence which is contrary to the party calling him, but yet, such evidence may be quite fair and truthful. However, if it appears that the witness called by a party is not telling the truth and from his demeanor and bearing, he is clearly biased against the party calling him, the following procedure can be taken: 

i). The party calling the witness is required to apply to the court to be permitted to treat the witness as hostile witness; 

ii). The witness is entitled to be given opportunity of explaining the alleged inconsistencies between his evidence and his earlier statement why sometimes it happens that apparent inconsistence’s are capable of a quite satisfactory explanation; and lastly, 

iii). The court will determine whether the witness has shown himself so hostile or adverse as to justify the exercise of its discretion to permit the witness to be cross-examined.

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