Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.348) - Recall of material witness for cross-examination - PW9 is stated to be an eye witness of occurrence - Denial of an effective opportunity to cross-examine a prime witness, particularly an eyewitness would amount to a palpable infraction of right to fair trial and would strike..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix specifically named appellant who raped her as a result she suffered profuse bleeding and injuries - She was subjected to lengthy cross-examination by defence, but her testimony has gone unimpeached and witness candidly stood by her stand, accusing appellant being involved in commission of crime against her -..........
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for re-examination - Prayer for re-examination is confined strictly to clarifying ambiguity arising from statement made by a witness during cross-examination which stands at variance with his affidavit and other evidence on record and does not seek to introduce any new..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- (Criminal Procedure Code, 1973, S.311) - Recalling of witness - Recall of a witness at concluding stage, i.e., after cross-examination and even after recording of statement u/s 313 Cr.P.C. would cause prejudice to accused and is opposed to principles of fair trial...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Witness stated in Court that examination-in-chief was not recorded under his instructions nor does he know the contents of his examination-in-chief - Evidentiary value of his statement in cross examination is seriously dented...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW5 for further cross-examination - PW5 is a material witness and credibility of testimony of PW5 is going to have far reaching effect on outcome of case - Since at the time of cross-examination due to inadvertence or otherwise accused could not cross-examine PW5 qua some relevant aspect, in order to dispense justice..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Entire issue involved in the main suit revolving around Will - Recall of witness regarding application submitted by plaintiff No.2 to Tehsildar by enclosing Will and relevant documents is very essential for just decision of case - Reasons stated by defendants for not filing..........
Civil Procedure Code, 1908, Order 18, Rule 19, Civil Procedure Code, 1908, Order 26, Rule 1 -- Statement of witness - Appointment of Local Commission - Once Court is satisfied from medical record and age of witness that attendance in Court is not possible without risk to health, Court can direct evidence to be recorded through commission - Wrong mentioning of O.10 CPC in..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If there is no substantive material and genuine reasons disclosed in application u/s 311 Cr.P.C. invoking power of Court under said provision and only to mention therein that since some very relevant questions were leftover inadvertently which are necessary to bring on record the witnesses may be recalled..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application only mentions that evidence of PWs 1 to 5 is completed but some relevant and necessary questions are left over to be asked - Indubitably this is a vague application which nowhere mentions as to what significant questions are left over to be asked in cross-examination of said witnesses who are..........
