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..........
Criminal Procedure Code, 1973, Section 311 -- Cross-examination of complainant - Complaint u/s 138 of N.I Act - Cross-examination of complainant is closed by Court - However, one opportunity is granted to petitioner in an application u/s 311 Cr.P.C to cross-examine complainant - But petitioner again sought time to extend cross-examination - Taking into account fair play..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses - Rape - Summoning of prosecutrix and her parents for cross-examination over age of prosecutrix - Since witnesses not stated any fact regarding rape, no questions were asked regarding her age - However, as per FSL report and DNA report, semen found on vaginal swab tallied with blood group of petitioner - In..........
Criminal Procedure Code, 1973, Section 311 -- Recall - of prosecution witnesses - Dismissal of application - Application moved by petitioners after an inordinate delay without mentioning any ground or relevancy of evidence - Allowing application for recalling of prosecution witnesses at such belated stage when evidence of all prosecution witnesses and statement of some..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application u/s 311 Cr.P.C. for examination of expert witness to elicit differences in ink on cheque dismissed - As per accused, cheque in question was given as security at time of running STD/PCO by complainant in year 2002-03 but those cheques were filled..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application of petitioner for examining handwriting and fingerprint expert has been dismissed - Petitioner not denied his signature on cheque in cross-examination and in his statement u/s 313 Cr.P.C. rather he admitted the same - Whether cheque issued by..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Cross-examination of two material PWs closed and made same as `NIL' - Fate of petitioners has been sealed and they have been left defenceless and irreparable loss has been caused to them, as on the basis of statement made by said PWs in examinatio, i, chief, no discretion will be left with..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Permission to introduce additional material must be controlled and regulated by the Court not only on the touchstone of relevancy etc. but also with due regard to possibility of prejudice...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Court is duty bound to ascertain and reconfirm the relevancy and admissibility of evidence in terms of command of S.136 of Evidence Act - Objections to the relevancy or admissibility, if any, raised by the defence would need to be considered and adjudicated upon at each such stage...........
