Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for further cross-examination - Prosecution was permitted to produce and prove relevant record sought earlier by filing application u/s 311 Cr.P.C. - However, no witness was recalled or examined for purpose of proving additional record - Accused thus, compelled to file present application for purpose of..........
Criminal Procedure Code, 1973, Section 311 -- Re-examination of Doctor/PW13 - Rape case - Blood samples of accused and victim was taken by PW13 - Blood samples were forwarded to FSL for DNA profiling - Vaginal swab of victim DNA matches with DNA profile obtained from blood sample on FTA card of accused - However, PW13 not examined at all qua this aspect of matter -..........
Criminal Procedure Code, 1973, Section 311 -- Offence under NDPS Act - Summoning of call details of seizure officer and other police officials alleging that these officials were not present at the place of seizure on the date and time alleged - Summoning of call details is absolutely imperative for fair trial and providing a just opportunity of defence to accused - In..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Accused failed to examine even a single witness even after availing four opportunities - No explanation why he did not lead evidence on said dates - However, in the interest of justice one opportunity given to accused to lead his entire..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of I.O - For purpose of exhibiting FSL report - FSL report is an important document in NDPS case, which would help Court to reach to a just decision - Recalling of I.O therefore held, appropriate - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of additional witnesses - Oral request made by Counsel for CBI to examine two additional witnesses, who were not cited as witnesses in challan submitted before Court and their statements u/s 161 Cr.P.C were not recorded - No opportunity of hearing was given to accused while allowing prayer of CBI by Court below -..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of a witness for further cross-examination - For purpose of arriving at truth of case, if Counsel feels that in circumstances, certain aspects for cross-examinations are required to be conducted of PWs who is important in the trial, one opportunity ought to be given for said purpose - Application allowed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Recall of complainant - Dishonour of cheque - Recall of complainant to prove certain documents which is not done cannot be construed to be an act of prejudice - Opinion of trial Court that it was essential for just decision of case cannot be said unjust or illegal - Application..........
Criminal Procedure Code, 1973, Section 311 -- Application u/s 311 Cr.P.C - Can be filed and allowed at any stage of trial, if proposed additional evidence enables Court to come to a just and fair conclusion regarding dispute...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Disputed signatures - Agreement to sell executed between parties - Complainant contended that accused played a fraud with him as at the time of entering into agreement to sell, land in question was already acquired by State, therefore accused had no authority to sell the land even on basis of SPA - Accused..........
