Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 and PW5 - Offence u/s 307 IPC - Application for recalling PWs have been filed after a long delay of 4 years and 1 year after recording chief examination of said PWs and reasons assigned therein are unsatisfactory - Trial of case is pending for defence evidence since 2015 and accused is in judicial custody -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant did not mention anything about that episode of issuance of two cheques in his complaint petition or during the examination-in-chief - Even, complainant did not explain why those two cheques were given to him by accused person - Moreover, complainant explanation is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought after filing of affidavit of examination-in-chief by plaintiff - Even when application for amendment was filed before date fixed for leading evidence, but interdiction of proviso to O.6.R.17 applies...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - While exercising power u/s 319 Cr.P.C. Court has not to wait till cross-examination - On the basis of examination-in-chief of a witness if a case is made out, a person can be summoned to face trial u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Where stage of giving opportunity to complainant to file a protest petition urging upon trial Court to summon other persons as well who were named in FIR but not implicated in charge-sheet has gone, in that case also, Court is still not powerless by virtue of S.319 Cr.P.C and even those persons..........
Criminal Procedure Code, 1973, Section 164A(2), (3) -- Medical examination - Rape victim - Column in FIR - Provisional/primary opinion is to be given by doctor as per clinical examination of victim without waiting for investigation reports - Directions therefore issued to Principal Secretary (Medical Health) and Director General (Medical Health) to issue circular to all..........
Indian Penal Code, 1860, Section 376 -- Rape - Change of place of occurrence - Prosecutrix in her examination-in-chief stated the place of incident as wheat field and in cross examination she stated the incident to be field of peas - Since the testimony of prosecutrix is self contradictory as such it does not inspire confidence - Accused acquitted...........
Evidence Act, 1872, Section 137 -- Cross-examination treated as `NIL' - Affidavit of examination-in-chief of witness stated was provided to opponent two days earlier but the same is not acceptable as affidavit was attested on the same day itself - Grave prejudice would be caused to defendant in case an opportunity to cross examine the witness of the opponent is not granted..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Filing of fresh affidavit of examination-in-chief - With the filing of fresh affidavit of examination-in-chief, earlier affidavit filed cannot be allowed to be withdrawn...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit of examination-in-chief - Once filed cannot be withdrawn - Deponent may file an affidavit subsequent to it and to add or supplement facts - Provision of O.18.R.4 CPC does not limit to file a single affidavit - However, deponent not be allowed to keep on filing fresh affidavits to keep improving his case..........
