Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child witness - Child witness can be recalled if it is necessary for just decision of case, as bar u/s 33(5) of POCSO Act is not absolute - Application allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs - When PW4 and PW6 were examined, accused did not receive statement recorded u/s 164 Cr.P.C - Accused thus, has every right to contradict witness with statement recorded u/s 164 Cr.P.C - Recalling of PWs is thus, necessary for just decision of case - Application allowed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Restoration of petition dismissed in default - Family Court has power to recall and restore a proceeding u/s 125 Cr.P.C disposed of and dismissed due to non-appearance of applicant...........
Criminal Procedure Code, 1973, Section 409 -- Withdrawal of case once assigned by Principal Sessions Judge to Additional Sessions Judge - Principal Sessions Judgment has no jurisdiction to withdraw/recall a case, in which trial/hearing has commenced before an Additional Sessions Judge as provided in S.409(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Where evidence sought to be brought on record is essential to the issue involved, powers u/s 311 Cr.P.C. must be invoked...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel in a case cannot always be ground for recalling and re-examination of witness, more so, in cases of sexual offences - However, facts and circumstances of each case have to be appreciated before deciding an application u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - Bar u/s 33(5) POCSO Act - Victim has not been repeatedly called for cross-examination - Bar u/s 33(5) POCSO Act is not attracted - Application for recall of victim..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - No question was put to victim in her cross-examination regarding allegation levelled against accused - More so, issue concerning determination of age of victim as..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW9 for cross-examination - Rape case - Opportunity to cross-examine PW9/principal of School of victim could not be availed due to unavailability of counsel of accused - However, counsel for accused should have remained present on the date fixed for cross-examination of PW9 - Neither it is mentioned in the order nor..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Maintainability - Trial Court dismissed application u/s 311 Cr.P.C. filed by petitioner holding that same was not bonafide and maintainable at end of trial - Held, the power vested u/s 311 Cr.P.C. can be exercised at any stage of trial - Thus, trial Court is directed to decide application afresh by testing..........
