Protection of Children from Sexual Offences Act, 2012, Section 33(5), Criminal Procedure Code, 1973, Section 311 -- Recall of child witness for cross-examination - Offence u/s 376(3) IPC - Application for recall of child witness rejected on the ground that S.33(5) of POCSO Act provides that repeated attendance of child should be avoided - However, matter was never taken up..........
Criminal Procedure Code, 1973, Section 362 -- Recall of order - Bar u/s 362 Cr.P.C is not absolute and in any case, does not apply in case of recall of order...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Imposition of cost on accused as a condition precedent for exercising right u/s 311 Cr.P.C, itself is improper and unjust...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Discretion is conferred by S.311 Cr.P.C on all Courts to exercise the power to summon any person as a witness, or examine any person in attendance, though not summoned as a witness or recall and re-examine any person already examined at any stage of any inquiry, trial or other proceeding under Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court on filing application u/s 311 Cr.P.C must be convinced that witness sought to be summoned or evidence proposed to be adduced additionally is very much relevant to arrive at a just decision of the case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Offence u/s 366 IPC, Ss.5(I), 6 of POCSO Act and S.9 of Child Marriage Act - PW2, PW7 & PW8 are crucial witnesses - If the witnesses are not cross-examined, evidence stands un-rebutted and it would amount to a case of no defence resulting in grave prejudice to accused - More so, PW2/victim..........
Criminal Procedure Code, 1973, Section 362 -- Recall of order - Application for recall of order is maintainable as it was an application seeking a procedural review and not a substantive review to which S.362 Cr.P.C would be attracted...........
Mutation -- Recall of mutation order - Mutation on the basis of sale deed - Validity of sale deed under challenge in civil suit - Recall of mutation order still to be contested on merits by parties - Mutation order was passed ex parte and admittedly no notice was issued to private respondent No.3 whereas his name was duly recorded by means of an order which was prior to..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - It is mandatory for Court to recall witness for further cross examination if his evidence appears to be essential for just decision of the case - There is no bar for Court to recall a witness for further cross examination...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Cross-examination of PWs being an essential right of accused - Non-cross-examination of PWs will put the accused to prejudice - It is not unjust to afford an opportunity to accused to cross-examine PWs by recalling them - Application allowed...........
