Criminal Procedure Code, 1973, Section 311 -- Recall of a witness for cross-examination - Proceedings u/s 125 Cr.P.C - Wife failed to appear in witness box to face cross-examination - If she is not cross-examined, her evidence shall not be considered - Presiding officer and counsel for petitioner failed to construe that cross-examination is not conducted - It was thus,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 311 -- Dishonour of cheque - Loan transaction - Source of money - Additional evidence at appellate stage - Income tax returns and agreement to sell sought to be produced by complainant to show source and his capacity to advance loan to accused - Documents in question are..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - For purpose of identification of weapon and motor cycle used by accused for commission of offence - Oral request was made before Court below by National Investigating Agency, as same was not readily available leads to inference that prosecution has not waived its right to show material objects to..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Where prosecution evidence is closed long back and reasons for no, examination of witness earlier is not satisfactory, summoning of witness at belated stage would cause great prejudice to accused and should not be allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Successive applications for recall of a witness u/s 311 Cr.P.C should not be encouraged by Court...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Case was registered in 1983 - 29 PWs already examined - Application to examine proposed witness was allowed in 2004 - Prosecution failed to keep him in Court for his examination - However, multiple applications were filed to summon him and all of them allowed but prosecution failed to procure his..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - An application u/s 311 of the Code may be allowed at any stage of trial, if Court is of opinion that examination of any such person appears to be essential to the just decision of the case...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - There is no limit on discretion of Court to recall and re-examine witness, even if the witness who deposed one way before the Court now wants to depose and is prepared to give evidence which is clearly different from what had been stated earlier...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Rape - Prosecutrix and her family resiled from their complaint on account of compromise with parents of accused for marriage of accused with prosecutrix - After release of accused on bail, accused did not turn up for wedding when all arrangements were made - To ensure fair trial, application filed by..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses - At the instance of prosecutrix and not public prosecutor - Public prosecutor did not raise any objection to the maintainability of application filed by prosecutrix - Court not bound by technicalities to ensure fair trial and to elicit the truth - Technicalities should not stand in the way of determining..........
