Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere observation that recall was necessary for ensuring fair trial is not enough unless there are tangible reasons to show how fair trial suffered without recall...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application u/s 311 Cr.P.C. cannot be allowed to fill up the lacuna of prosecution or defence case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - No prosecution witness can be called for examination/cross-examination merely because he filed affidavit contrary to his deposition made before trial Court...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere submission that some questions could not be put to prosecutrix in her lengthy cross-examination, cannot be a ground to recall the witness who has already been examined and cross-examined fully...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C. must be invoked by Court only in order to meet the ends of justice for strong and valid reasons and the same must be exercised with care, caution and circumspection...........
Criminal Procedure Code, 1973, Section 311 -- Recall of three PWs for re-examination - In the absence of witnesses making any complaint about threat or pressure not to tell the truth before Court, mere on basis of filing an application by prosecution, it was not justified on the part of trial Court to allow the application - Order allowing application held, set aside...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application u/s 311 Cr.P.C cannot be allowed if it is filed only to drag the proceedings...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW2 - Application filed to recall PW2, as certain question of facts which are of vital importance not put to PW2 by previous counsel - Denial of opportunity to put such pertinent questions on facts would greatly affect the outcome of trial - No repetitive question would be put to said witness and re-examination is..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An order allowing application u/s 311 Cr.P.C. should have specific reasons explaining how re-calling and re-examination of witnesses are necessary for the just decision of the case - Cryptic non speaking order would not suffice...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Examination of doctors with support of entire medical documents - Where there is allegation from the side of accused that medical negligence is the reason for the death of child and prosecution case is that death was not due to any medical negligence, accused would not be put to any prejudice if..........
