Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Witness cross examined by co-counsel - Witness was cross examined by co-counsel on instructions of counsel - After asking all relevant questions co-counsel stopped cross examination - Trial Court closed evidence of witness - Witness cannot be recalled for filling up lacuna - Lacuna left cannot be allowed to..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Recall of prosecutrix for further cross-examination - Prosecutrix initially supported the case of prosecution in her examination-in-chief, however, in cross-examination she completely disowned the happening of incident - Court in exercise of its powder u/s 165 of Evidence Act asked question with..........
Protection of Children from Sexual Offences Act, 2012, Section 33(5), Criminal Procedure Code, 1973, Section 311 -- Recall of child witness for cross-examination - Offence u/s 376(3) IPC - Application for recall of child witness rejected on the ground that S.33(5) of POCSO Act provides that repeated attendance of child should be avoided - However, matter was never taken up..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Imposition of cost on accused as a condition precedent for exercising right u/s 311 Cr.P.C, itself is improper and unjust...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Discretion is conferred by S.311 Cr.P.C on all Courts to exercise the power to summon any person as a witness, or examine any person in attendance, though not summoned as a witness or recall and re-examine any person already examined at any stage of any inquiry, trial or other proceeding under Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court on filing application u/s 311 Cr.P.C must be convinced that witness sought to be summoned or evidence proposed to be adduced additionally is very much relevant to arrive at a just decision of the case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Offence u/s 366 IPC, Ss.5(I), 6 of POCSO Act and S.9 of Child Marriage Act - PW2, PW7 & PW8 are crucial witnesses - If the witnesses are not cross-examined, evidence stands un-rebutted and it would amount to a case of no defence resulting in grave prejudice to accused - More so, PW2/victim..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - It is mandatory for Court to recall witness for further cross examination if his evidence appears to be essential for just decision of the case - There is no bar for Court to recall a witness for further cross examination...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Cross-examination of PWs being an essential right of accused - Non-cross-examination of PWs will put the accused to prejudice - It is not unjust to afford an opportunity to accused to cross-examine PWs by recalling them - Application allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel - Not a ground for recall of witnesses - Application rightly rejected...........
