Criminal Procedure Code, 1973, Section 233(3) -- Defence evidence - Unless Court feels that prayer is made to protract the course of trial or to vex the parties, opportunity to lead evidence in defence ought to have been granted...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Evidence tendered by defence witnesses cannot always be termed as a tainted one - Defence witnesses are entitled to equal treatment and equal respect as that of prosecution - Issue of credibility and trustworthiness ought also be attributed to defence witnesses at par with that of prosecution...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Purpose of S.233 Cr.P.C is not to enable accused to recall a PW already examined...........
Criminal Procedure Code, 1973, Section 311, 233 -- Recall of PW - Prosecution witness who was already examined cannot be recalled by exercising powers u/s 233 Cr.P.C - However, such an exercise can be done u/s 311 Cr.P.C at any stage including that of S.233 Cr.P.C, provided all the requirements and parameters of S.311 Cr.P.C are otherwise satisfied...........
Criminal Procedure Code, 1973, Section 233 -- Summoning of defence witness - When accused submits a list of witnesses, it is not open for Court to pick and choose witnesses for issuing summons - Though Court is certainly bestowed with power to refuse to summon a witness, such refusal can only be for reasons to be recorded in writing, which have to relate to delaying..........
Criminal Procedure Code, 1973, Section 311, 233(3) -- Summoning of witnesses - Difference between S.311 Cr.P.C and S.233 Cr.P.C - U/s 311 Cr.P.C power lies in Courts only - However, u/s 233 Cr.P.C, right lies with accused and Court's interference is limited...........
Criminal Procedure Code, 1973, Section 233(3) -- Defence witness - Witness shown in prosecution list but not examined on behalf of prosecution - Such witness can be examined as a defence witness...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Court can refuse to summon defence witnesses on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice only...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Witnesses who are sought to be summoned were not examined as prosecution witnesses though they were witnesses of inquest - Order declining request of accused to summon defence witnesses suffers from legal flaw and is not sustainable...........
Criminal Procedure Code, 1973, Section 233 -- Consolidation/clubbing of cases - Accused 60 years old foisted with several cases in States of MP, Karnataka and Jharkhand for similar offences - No objection expressed by State if cases in State of MP are consolidated and listed before one Court having jurisdiction - All the cases pending in State of MP shall be consolidated..........
