Criminal Procedure Code, 1973, Section 311 -- Recall of PWs - Applicant contended that his earlier counsel could not effectively cross-examine PWs - Incompetency of a Lawyer engaged by applicant cannot be presumed by Court - Applicant had engaged a Lawyer of his choice - If applicant is of the view that his Lawyer had deliberately not put certain questions thereby..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW for cross-examination - Accused charged with serious offence u/ss 498-A, 323, 376, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Therefore, accused must not be stripped of his valuable right of a fair and impartial trial, because it would be negation of concept of due process of law - One opportunity to cross..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of bank manager - Details summoned through bank manager is very much essential for arriving at a just decision in case - Trial Court justified in allowing the application...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Witness sought to be summoned is important witness whose statement has already been recorded u/s 161 Cr.P.C, which is part of charge sheet - Said witness has to be examined, so that Court can reach to truth - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Stage of trial and relevant time at which application u/s 311 Cr.P.C is filed are important factors to be taken into consideration before invoking power u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for re-examination - Victim cross-examined at length - Plea that it was because of her ill health that she could not narrate the entire facts - However, nothing on record that victim was not well on that day - Observation of trial Court that application has been deliberately filed due to some kind of compromise..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 and PW5 - Offence u/s 307 IPC - Application for recalling PWs have been filed after a long delay of 4 years and 1 year after recording chief examination of said PWs and reasons assigned therein are unsatisfactory - Trial of case is pending for defence evidence since 2015 and accused is in judicial custody -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for cross-examination - Ample opportunities were provided to accused to cross-examine witness which has not been encashed by him - However, default made by a party and whereby creating inconvenience to opposite party can be cured and compensated by way of imposing cost upon erring party - One more..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- DNA test - Rape case - Question involved in the case was whether rape was committed on prosecutrix by accused - Neither there is any question that whether child that was born to prosecutrix was child of accused..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Examination of handwriting expert - Dishonour of cheque - If the handwriting expert gives his opinion beyond the scope, said evidence cannot be shut out in case it pertains to relevant aspect of matter particularly as regards the signature of accused - Application rightly allowed...........
