Showing : 21-30 of 342 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of witnesses - Rape - Summoning of prosecutrix and her parents for cross-examination over age of prosecutrix - Since witnesses not stated any fact regarding rape, no questions were asked regarding her age - However, as per FSL report and DNA report, semen found on vaginal swab tallied with..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall - of prosecution witnesses - Dismissal of application - Application moved by petitioners after an inordinate delay without mentioning any ground or relevancy of evidence - Allowing application for recalling of prosecution witnesses at such belated stage when evidence of all prosecution..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of PWs for cross-examination - Cross-examination of two material PWs closed and made same as `NIL' - Fate of petitioners has been sealed and they have been left defenceless and irreparable loss has been caused to them, as on the basis of statement made by said PWs in examinatio, i, chief,..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Permission to introduce additional material must be controlled and regulated by the Court not only on the touchstone of relevancy etc. but also with due regard to possibility of prejudice...........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Court is duty bound to ascertain and reconfirm the relevancy and admissibility of evidence in terms of command of S.136 of Evidence Act - Objections to the relevancy or admissibility, if any, raised by the defence would need to be considered and adjudicated upon at each such..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Law recognizes the possibility that evidence that is `material' and `essential to the just decision' may, at time, get overlooked, be omitted or come to light later - In order to take care of such evidence, which would be additional to the one presented by prosecution (or..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Guiding principles - Principles summarized in case Rajaram Prasad Yadav Vs. State of Bihar and Anr., 2013(3) Criminal Court Cases 568 (S.C.) : 2013(2) Apex Court Judgments 604 (S.C.) : 2013(14) SCC 461, reiterated...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Examination of witness - Murder case - Wife of deceased filing an application to be examined as a witness claiming herself to be eye witness of incident - Reliability, credibility or evidentiary value of this witness cannot be assessed at this stage - By allowing such witness for examination, it..........
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..........

Showing : 21-30 of 342 Results