Showing : 41-50 of 330 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Witness cannot be recalled merely on the ground that he has not been declared hostile and has not been confronted with the statement recorded u/s 161 Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Summoning of additional witnesses - Witnesses remained silent for one year - Admittedly, for one year there was no such evidence before I.O. or before trial Court that any witness was present at the spot - If this application is allowed then sanctity of first version given by complainant and..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Re-examination - Object of the provision as a whole is to do justice not only from the point of view of the accused and the prosecution but also from the point of view of an orderly society - This power is to be exercised only for strong and valid reasons and it should be exercised with caution..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Re-examination - PWs seeking re-examination on the ground that previous statements were made under influence of police - Sought after 14 months - Witnesses were cross examined at length - Sessions Judge recorded a finding that they were not under any pressure while recording their evidence - No..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Re-examination - Delay in filing application is one of the important factors which has to be explained in the application...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Re-examination - Any Court by exercising its discretionary authority at any stage of inquiry, trial or other proceeding can summon any person as witness or examine any person in attendance though not summoned as a witness or recall or re-examine any person already examined who are expected to be..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Application for re-examination of prosecution witness was allowed - Re-examination sought for purpose of clarification with regard to identification of accused - Said application was moved soon after examination of said witness - Therefore, it cannot be said that application is moved to fill up..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Previously Legal Aid counsel was engaged and subsequently accused engaged another counsel - Previous counsel was given due opportunity to cross-examine witness and had duly cross-examined - No finding can be recorded that such legal aid counsel appointed by District Legal..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 157, 173(5), 311-- Summoning of witness - For proving purchase receipt - There is failure of investigating agency to ascertain IMEI number of seized mobile phone during investigation and even, Court failed to ascertain such number prior to handing over custody of seized phone to PW1 - Said failure is not mere..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Examination of eye witnesses - Abduction case - Witnesses now sought to be examined were neither examined during investigation nor their names were mentioned in the list of witnesses at the time of presentation of challan - However, said witnesses had seen the accused abducting the victims - In..........

Showing : 41-50 of 330 Results