Criminal Procedure Code, 1973, Section 311 -- Examination of additional witnesses - Sought after conclusion of defence arguments - Application does not disclose as to why said witnesses were not examined earlier nor does application set out any cogent reason for the same - Said application is bereft of details, as it does not spell out, how examination of these witnesses..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of PWs for further cross-examination - Rape case - PWs cross-examined in length and detail - They are thus, duly examined - Compromise was already in effect and in knowledge of accused - Recalling PWs already duly examined is nothing but an effort to delay the entire trial and to fill up lacuna which cannot be..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Stage of trial is not very relevant for determining whether power u/s 311 Cr.P.C, should be exercised by Court, as power u/s 311 Cr.P.C can be exercised by Court at any stage of any enquiry, trial or other proceedings under Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Examination of Municipal Secretary of Municipality for proving birth certificate of victim - Rape case - Determination of age of victim is crucial in facts and circumstances of case and for a just and proper decision in the matter - It is thus, necessary to summon and examine Municipal Secretary for proving contents of birth..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Failure of defence to put certain questions to witness - In itself not a ground for recalling of witness...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Courts are empowered to exercise discretion u/s 311 Cr.P.C where there are strong and valid reasons to conclude that re-examination or new evidence is needed for just decision of case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of I.O and complainant for further cross-examination - Offence u/ss 452, 324, 323 IPC - Application sought on the ground that certain new facts came to light in deposition of father of accused - However, said new facts are related to incident independent to present one - There is no co-relation between two incidents -..........
Criminal Procedure Code, 1973, Section 91, 311 -- Summoning to produce documents such as bank statement of accused - Application rejected on the ground that complainant should obtain these documents through RTI - Application under RTI Act was rejected by Bank - Documents in question necessary to prove case of complainant - No prejudice will be caused to accused due to..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witnesses - Power u/s 311 Cr.P.C can be exercised at any stage - There is no bar that order of examination of witnesses cannot be passed after defence evidence is over...........
Criminal Procedure Code, 1973, Section 311 -- Examination of witnesses - Nodal officers of Mobile Companies were mentioned in list of witnesses and record of calls etc. was available on file yet they were not examined due to inadvertence of public prosecutor - Certificate u/s 65-B of the Act with regard to Customer Application Form and tower location was part of record -..........
