Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Right of accused to cross-examine police officer with reference to entries in police diary is very much limited in extent and even that limited scope arises only when Court uses entries to contradict police officer or when police officer uses it for..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Court does not use police diary entries for purpose of contradicting police officer or if police officer does not use same for refreshing his memory, then question of accused getting any right to use entries even to that limited extent does not arise -..........
Criminal Procedure Code, 1973, Section 172, 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - There is no scope to enable Court, prosecution or accused to use police dairy for purpose of contradicting any witness other than police officer, who made it...........
Criminal Procedure Code, 1973, Section 172, 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Denial of right to accused to inspect case diary cannot be characterized as unreasonable or arbitrary - Confidentiality is always kept in matter of investigation and it is not desirable to make available police diary to accused on his demand...........
Criminal Procedure Code, 1973, Section 172, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Neither police officer has refreshed his memory with reference to entries in police diary nor has trial court used entries in diary for purpose of contradicting police officer, it is not open for accused to produce certain pages of police diary obtained by him..........
Criminal Procedure Code, 1973, Section 256, 317 -- Non-appearance of complainant - Earlier both parties did not appear - But accused filed application u/s 317 Cr.P.C. and same was allowed - For continuation of proceedings, trial Court directed complainant to appear for the purpose of cross-examination - However, complainant failed to appear before Trial Court - Dismissal..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness for cross-examination - Cannot be denied on the ground that matter has reached the stage of examination of accused u/s 313 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Statements of I.O was recorded but inadvertency he was not cross-examined with relation to Article-1 which was exhibited by him - Immediately, thereafter, petitioner moved an application u/s 311 Cr.P.C. seeking recalling of witnesses to the extent of Article -1 - Refusing permission to..........
Criminal Procedure Code, 1973, Section 215, 216 -- Framing of additional charges - Examination of witnesses - If any charge is added in during the course of trial, it is the duty of Court to summon all witnesses conversant with facts pertaining to additional charge to adduce evidence afresh only on that point - Accused then ought to be given opportunity to cross-examine..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251, Evidence Act, 1872, Section 138 -- Dishonour of cheque - Cross examination - Once accused takes a particular line of defence in the notice u/s 251 cr.P.C., it is expected that cross examination would be on the same line...........
