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..........
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..........
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..........
Criminal Procedure Code, 1973, Section 273, 278 -- Recording of evidence in presence of accused - Presence of accused or his pleader is required at the time of recording examination in chief of a material PW - Accused or his Pleader has a right to object to a leading or irrelevant question being asked to witness during chief examination - Therefore, if trial Court permits..........
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..........
Arms Act, 1959, Section 25 -- Offence u/s 25 of the Act - All PWs were subjected to cross-examination and nothing material could be found, which could shatter their testimonies in any manner - Even pistol was taken out of armour and it was found to be in working order and report of armour was on record - Non-examination of independent witness would not be fatal, as the..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-examination of material witnesses - Appellant dragged the deceased by holding her hair from her house up to the pond - Between the house of deceased and pond, there is a road and ridge of the pond - Investigating Officer admitted that there is a temple near the deceased's house and other people live nearby - Incident..........
Indian Penal Code, 1860, Section 395 -- Dacoity - Non-examination of Investigation officer (I.O) - I.O is a material witness and non-examination of I.O has caused prejudice accused since accused lost opportunity to cross-examine I.O - Factum of non-examination of I.O by prosecution goes to show that prosecution has not come up before Court with clean hands - Prosecution..........
Evidence Act, 1872, Section 137, 138 -- Examination-in-chief - Presence of advocate for accused is required when examination-in-chief of a material prosecution witness is being recorded...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Accused in order to prove his defence and to demonstrate that complainant in a particular case did not have the financial capacity, can produce independent witness on his behalf or can demonstrate the same pointing to any lacuna in the material..........
