Criminal Procedure Code, 1973, Section 311 -- Recall of victim - Mere fact that accused was given sufficient opportunity to cross-examine witness and witness had gone into swoon during cross-examination shall not be grounds to deny a fair trial to accused - Application allowed...........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Recall of victim for further cross-examination - Questions with regard to husband's name of victim and recording the cell number of victim rightly disallowed as these questions will disclose the identity of victim - Question with respect to earlier complaint and/or case, in cross examination, should not..........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Recall of victim for further cross-examination - Kidnapping and rape - Accused is permitted to ask questions from victim with respect to earlier complaint/FIR - Closure of right of cross-examination of victim is against statutory right of accused to cross-examine witnesses - Trial Court shall recall the..........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Recall of victim for further cross-examination - Cross examination as to questions with regard to husband's name of victim and recording the cell number of victim rightly disallowed as these questions will disclose the identity of victim - Question with respect to earlier complaint and/or case, in cross..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Witness cannot be recalled merely on the ground that certain important questions were not put during course of cross-examination...........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - Bar u/s 33(5) POCSO Act - Victim has not been repeatedly called for cross-examination - Bar u/s 33(5) POCSO Act is not attracted - Application for recall of victim..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - No question was put to victim in her cross-examination regarding allegation levelled against accused - More so, issue concerning determination of age of victim as..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW9 for cross-examination - Rape case - Opportunity to cross-examine PW9/principal of School of victim could not be availed due to unavailability of counsel of accused - However, counsel for accused should have remained present on the date fixed for cross-examination of PW9 - Neither it is mentioned in the order nor..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness to further cross examine lawful attorney of Bank - Once Court had already allowed the application for substitution of attorney in place of previous attorney then question of complaint not having been filed by a lawful attorney and that..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Cross-examination was done properly by counsel, and by merely making allegations against counsel, party cannot be permitted to reopen cross-examination, once more, by recalling witnesses - Application for recalling of witness rejected...........
