Showing : 1-10 of 73 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witnesses - An application u/s 311 of the Code may be allowed at any stage of trial, if Court is of opinion that examination of any such person appears to be essential to the just decision of the case...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witnesses - There is no limit on discretion of Court to recall and re-examine witness, even if the witness who deposed one way before the Court now wants to depose and is prepared to give evidence which is clearly different from what had been stated earlier...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Rape - Prosecutrix and her family resiled from their complaint on account of compromise with parents of accused for marriage of accused with prosecutrix - After release of accused on bail, accused did not turn up for wedding when all arrangements were made - To ensure fair..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of witnesses - At the instance of prosecutrix and not public prosecutor - Public prosecutor did not raise any objection to the maintainability of application filed by prosecutrix - Court not bound by technicalities to ensure fair trial and to elicit the truth - Technicalities should not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Expression `essential to just decision of case' used in S.311 Cr.P.C are key words - Court is to form an opinion that for just decision of case recalling or re-examination of witness is necessary...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of Investigating Officer (I.O) - Application dismissed on the ground that I.O. already cross-examined at length by defence - No bona fide has been shown in the application - Only on the ground that witness turned hostile because of pressure upon him, application is moved at fag end of trial..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Production of documents - Three sale deeds and documents of competency to execute these documents i.e. General Power of Attorney and Special Power of Attorney sought to be produced - Trial Court committed error in not appreciating interlinking between these documents - Even though Civil Court has..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of witness - Application for recall of prosecutrix for re-examination was dismissed - Aspects asserted in application not new facts which require recalling of prosecutrix - Even, said facts have already been taken by accused in his defence - No ground for recalling prosecutrix for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of witness - Application moved by prosecutrix for her re-examination was dismissed on the ground that earlier statement given by her was under threat of CBI - Said order was not challenged for 2 years - Order challenged after application by accused u/s 311 Cr.P.C. was dismissed by trial..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of prosecution witnesses - Dismissal of application - It is apparent that petitioner has cross-examined witnesses at length and has put his defence to them - Even, reason given in application for re-examining these witnesses is not bonafide as it appears that petitioner wants to delay the..........

Showing : 1-10 of 73 Results