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...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Law recognizes the possibility that evidence that is `material' and `essential to the just decision' may, at time, get overlooked, be omitted or come to light later - In order to take care of such evidence, which would be additional to the one presented by prosecution (or complainant) at the inception,..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Guiding principles - Principles summarized in case Rajaram Prasad Yadav Vs. State of Bihar and Anr., 2013(3) Criminal Court Cases 568 (S.C.) : 2013(2) Apex Court Judgments 604 (S.C.) : 2013(14) SCC 461, reiterated...........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Murder case - Wife of deceased filing an application to be examined as a witness claiming herself to be eye witness of incident - Reliability, credibility or evidentiary value of this witness cannot be assessed at this stage - By allowing such witness for examination, it cannot be said that this witness..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Right of accused - Accused has right to examine witnesses in defence whose statements are relevant and is so permitted by Court - However, accused does not possess indefeasible right to examine defence witnesses - For each and every witness to be examined in defence, he has to explain their relevance to..........
Criminal Procedure Code, 1973, Section 311 -- Expression `essential to just decision of case' used in S.311 Cr.P.C are key words - Court is to form an opinion that for just decision of case recalling or re-examination of witness is necessary...........
Criminal Procedure Code, 1973, Section 311 -- Recall of Investigating Officer (I.O) - Application dismissed on the ground that I.O. already cross-examined at length by defence - No bona fide has been shown in the application - Only on the ground that witness turned hostile because of pressure upon him, application is moved at fag end of trial - Purpose appears only to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 391 -- Dishonour of cheque - Additional evidence at belated stage - Additional evidence at belated stage is permissible but such power is to be exercised sparingly and only in exceptional cases in the interest of justice...........
Criminal Procedure Code, 1973, Section 311 -- Production of documents - Three sale deeds and documents of competency to execute these documents i.e. General Power of Attorney and Special Power of Attorney sought to be produced - Trial Court committed error in not appreciating interlinking between these documents - Even though Civil Court has passed a decree in favour of..........
Criminal Procedure Code, 1973, Section 311 -- Cross-examination of complainant - Complainant was harassed as he appeared on various dates but no cross-examination was carried - Accused misused magnanimity of Court by delaying proceedings - However, accused is granted one opportunity to cross-examine complainant subject to cost of Rs.5000/- - Application allowed...........
