Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Murder case - Neither prosecution nor defence has filed application u/s 311 Cr.P.C - Sessions Judge himself having noticed mistake suo motu exercised power u/s 311 Cr.P.C and issued summons to PW30 only for purpose of producing and marking DNA report - But subsequently though other witnesses were examined,..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Power u/s 311 Cr.P.C is discretion or obligation of Court to summon or recall a witness, but discretion of Court cannot be forced to be used by accused or prosecution...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - There is no requirement under law to file questionnaire along with application for recalling witness...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376D, 307, 302, 394, 411, 120, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Recall of a witness for re-examination - Rape and murder - Recall of injured witness/PW5 and examination with regard to contents of his video clip - Statement of PW5 has been recorded and..........
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 -- Recall of PW1 for re-examination - Engagement of new counsel and drawn of fresh wisdom upon informant cannot be a ground to recall a witness - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 - Corruption case - PW1 is the author of sanction order - He is competent authority and in his cross-examination he has categorically stated that he sanctioned prosecution - Merely mentioning wrong provision of P.C. Act in sanction order would not vitiate sanction and trial pursuant thereof - Moreover, witness..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant witness for further cross-examination - Dismissal of application - Merely because earlier counsel has shown laxity in not cross-examining the complainant, on that score, it cannot be construed as a ground to recall witness and permit..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for further cross-examination - PW5 and PW17 were extensively cross-examined - Witness cannot be called upon to rely on memory after several years - Record is replete with instances which indicate that accused have been attempting to delay proceedings - Trial Court rightly rejecting application of accused for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant's witness for further cross-examination - Trial is still at the stage of defence evidence - Accused prayed that an opportunity be granted to cross-examine complainant's witness on one date only - Adducing evidence by accused in support of..........
