Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for cross-examination - PW1 was cross-examined about 8 months after his examination-in-chief - He has not been examined on the point of NCR of the alleged cross case - It is essential in the interest of justice that defence is granted an opportunity on heavy costs to cross-examine PW1 - Application allowed subject..........
Criminal Procedure Code, 1973, Section 311 -- Complainant as its own witness - Complainant sought adjournments time and again and she deliberately chose not to get herself examined on some or the other pretext - Accused also has a right to expeditious conclusion of trial - Complainant is merely trying to one way or the other, ensure that criminal case does not meet its end..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Witness cannot be recalled merely on the ground that new counsel has been engaged and he found that certain vital questions have not been put to witnesses...........
Criminal Procedure Code, 1973, Section 311 -- Recall of rape victim for cross-examination - Victim in cases of sexual assault cannot be subjected to ordeal of repeated cross-examination where sufficient opportunity has already been granted to accused at appropriate stage to cross-examine the witnesses...........
Criminal Procedure Code, 1973, Section 311 -- Scope - 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 case...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - Accused intends to bring the witness to substantiate his position in the case whereby exact nature of individual role or motive or nature of allegation may get some factual benefits whereby he is facing trial as accused - It would not cause any dent to prosecution because that aspect must have been..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant for cross examination - Right to cross examine complainant closed as accused did not cross examine him despite availing five effective opportunities - In the interest of justice last opportunity granted to cross examine..........
Criminal Procedure Code, 1973, Section 125, 311 -- Maintenance to wife - Further cross examination of wife sought to confront wife with certain conversation recorded by husband on his mobile - Conversation of wife recorded without her knowledge and behind her back which amounts to violation of her right to privacy and also right of wife guaranteed u/art 21 of Constitution..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel - Not a ground for recalling the witness...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Witness cannot be recalled at a very belated stage for asking frivolous questions and that too on the advice of a new counsel...........
