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..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant as a witness - Previous counsel of accused failed to put some questions as well as some documents to complainant - Relevance, admissibility and reliability of any such question or document was supposed to have been spelt out by accused so as to enable Court to evaluate the requirement of recall of..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of victim - Bar u/s 33(5) of POCSO Act - There is no absolute bar u/s 33(5) of POCSO Act to recall a victim witness - However, victim who is a minor shall not be repeatedly called to Court in the guise of cross-examination - Application u/s 311 Cr.P.C..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of victim - Almost all the questions have already been put to victim and there are certain questions which are completely irrelevant and can be put to other witnesses - Moreover, there is a statutory bar u/s 33(5) of POCSO Act to recall victim in a..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for cross-examination - Rape victim - Victim was examined prior to examination of medical officer who deposed as PW3 and question with regard to FSL report could not be put to victim which in fact seems necessary for a just decision of case - Prejudice would be caused to accused unless afforded an effective..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for cross-examination - Rape victim - Victim was examined prior to examination of medical officer who deposed as PW3 and question with regard to FSL report could not be put to victim which in fact seems necessary for a just decision of case - Prejudice would be caused to accused unless afforded an effective..........
Criminal Procedure Code, 1973, Section 311, 233(3) -- Summoning of witnesses - Difference between S.311 Cr.P.C and S.233 Cr.P.C - U/s 311 Cr.P.C power lies in Courts only - However, u/s 233 Cr.P.C, right lies with accused and Court's interference is limited...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witnesses - Court has a plenary power to summon any person at any stage of the proceedings as a witness - This power includes recall and re-examination of any person who has already been examined - This power is to be exercised when Court finds it necessary to summon/recall any witness for just decision of the..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - There is no embargo or restriction in summoning any person as a witness, even those witnesses whose statements have not been recorded earlier, or to accept any material - Only restriction is that material or evidence sought to be adduced must be essential for a just decision of the case...........
Criminal Procedure Code, 1973, Section 311 -- Application u/s 311 Cr.P.C - Primary factor for deciding application u/s 311 Cr.P.C is essentiality of evidence to arrive at a just decision of the case...........
