Criminal Procedure Code, 1973, Section 91, 311 -- Production of documents - Failure of prosecution to file a document along with charge sheet is an omission constituting a procedural lapse only - Procedural lapse cannot be placed at par with substantive violation of law...........
Criminal Procedure Code, 1973, Section 91, 311, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Production of documents - Offence u/ss 13(1)(d), 13(2) of P.C Act - Production of an additional document during course of trial and summoning an additional witness to prove document cannot be found to be totally impermissible under law in cases under P.C Act...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of scientific expert for cross examination - In the application u/s 311 Cr.P.C. party seeking attendance of new witness needs to plead with accuracy and precision why expert witness must be summoned - Failure to plead necessary ingredients for invoking power u/s 311 Cr.P.C. - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of scientific expert for cross examination - Merely because it is pleaded that "in the interest of justice" and "for lawful adjudication of matter" scientific expert should be summoned, it is not obligatory on the part of Court to summon said witness unless it is established with accuracy and precision that new..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere change of counsel would not suffice to recall witness to put certain suggestions in the manner new counsel desires...........
Criminal Procedure Code, 1973, Section 311 -- Power u/s 311 Cr.P.C is to be exercised for strong and valid reasons - One cannot claim any parity in deciding of an application u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of I.O for cross-examination - Change of counsel - Application filed at the stage when final arguments had started - Petitioner filed application on specific allegations of conspiracy by putting certain suggestions and to bring his attention to various material in the forms of statements u/s 161 Cr.P.C recorded by main..........
Criminal Procedure Code, 1973, Section 311 -- Recall of child witness - Mere fact that counsel of a party handled the case in haste is not at all a strong or valid reason to exercise discretionary power vested u/s 311 Cr.P.C which has to be exercised judiciously and not arbitrarily...........
Protection of Children from Sexual Offences Act, 2012, Section 33(5), 12, Criminal Procedure Code, 1973, Section 311 -- Recall of victim/child witness for further examination - Offence u/s 12 of POCSO Act - No satisfactory reason projected to recall the witness - Sessions Judge who recorded evidence was fully convinced that further examination of witness by recalling her..........
Criminal Procedure Code, 1973, Section 311 -- Examination of additional witnesses - Sought after conclusion of defence arguments - Application does not disclose as to why said witnesses were not examined earlier nor does application set out any cogent reason for the same - Said application is bereft of details, as it does not spell out, how examination of these witnesses..........
