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..........
Will -- Proof of - Will was duly produced and proved through PW3, one of attesting witnesses - While in cross-examination he was unable to recall name of other attesting witness and was confronted with unfounded suggestions of monetary inducement, however, these lapses do not in themselves, shake the core of his testimony or legal validity of execution - Document bears..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Status report shows that DNA of petitioner was found in salwar and vaginal swab of victim - Prima facie, there is sufficient material to connect petitioner with commission of..........
Indian Penal Code, 1860, Section 363, 376(2)(f), 377, Evidence Act, 1872, Section 106 -- Kidnapping and Rape - Last seen evidence - Prosecutrix, aged 3 years, recovered from railway station `M' nearly 4 days after last seen with accused - However, prosecution neither examined any witness who had seen prosecutrix in company of accused at station `M' nor provided explanation..........
Civil Procedure Code, 1908, Order 16, Rule 6, 7 -- Summoning of sub-Registrar along with documents - No prejudice will be caused to anybody if witness is summoned - If Sub-Registrar is summoned to produce registered sale deeds and original certificate issued by Mandal Revenue Officer to give evidence, it is useful for proper adjudication of issues involved in the suit -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- Recall of a witness - Recalling a witness, especially in cases under POCSO Act which are required to be tried expeditiously, cannot be permitted to be delayed by filing applications which disclose no cogent or justifiable reason for recalling such witnesses...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- Recall of a witness - Power u/s 348 BNSS must be exercised for a legitimate and lawful purpose and not as a means to fill lacunae in prosecution or defence, or to prolong trial proceedings unnecessarily...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- Recall of a witness - Application was vague, bereft of particulars and aimed at recalling witnesses who had already been cross-examined at length, without disclosing any material basis for such recall - Permitting such an exercise would not only amount to allowing defence to fill in lacunae but would also defeat very..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as his own witness - Party who wishes to appear as his own witness has to appear before any other witness on his behalf is examined - Only exception is that Court may permit him for reasons to be recorded in writing that he may appear as his own witness at a later stage...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as his own witness - Appearance at a later stage - No whisper in the application that out of the list of witnesses which witnesses are required to be examined before he can step into witness box as his own witness - Reasons why these witnesses are to be examined before the party is examined as his own witness also..........
