Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Failure of defence to put certain questions to witness - In itself not a ground for recalling of witness...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Courts are empowered to exercise discretion u/s 311 Cr.P.C where there are strong and valid reasons to conclude that re-examination or new evidence is needed for just decision of case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of I.O and complainant for further cross-examination - Offence u/ss 452, 324, 323 IPC - Application sought on the ground that certain new facts came to light in deposition of father of accused - However, said new facts are related to incident independent to present one - There is no co-relation between two incidents -..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - FIR lodged after 7th day of incident - No explanation given for such delay - However, PW4 stated that FIR lodged on very next day of incident - Such minor contradiction is possible when FIR was lodged by an illiterate lady and same was written by some other person - Even otherwise, said..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine herself as his own witness - Case is posted for judgment - Accused sought an opportunity to examine herself and to prove the fact that four cheques were lost and she had to mark `stop payments' instructions to bank - Since..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - High Court while granting bail to accused overlooked several aspects, such as potential threat to witnesses, forcing trial Court to grant protection - Order of High Court granting bail to accused set aside...........
Criminal Procedure Code, 1973, Section 164, Protection of Children from Sexual Offences Act, 2012, Section 35 -- Statement recorded u/s 164 Cr.P.C made in course of investigation - Cannot be considered as evidence recorded u/s 35 of POCSO Act...........
Criminal Procedure Code, 1973, Section 162 -- Statement made before police u/s 162 Cr.P.C - Cannot be used for any purpose whatsoever against accused, but it enables accused to rely upon it for a limited purpose of contradicting witnesses in the manner provided u/s 145 of Evidence Act by drawing his attention to parts of statement intended for contradiction...........
Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - Accused has right to make successive applications for grant of bail - But Court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail applications were rejected - In such cases, Court has a duty to record what are the fresh grounds which..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed in time but was returned as defective - Defects were cured and charge sheet was re-presented beyond the period in the said proviso - Accused not entitled to default bail...........
