Criminal Procedure Code, 1973, Section 311 -- Recall of PW19 for further cross-examination - Application filed after a gap of 15 years - However, during cross-examination of I.O by co-accused, accused had gone unrepresented, because of reason beyond his control - Even otherwise, questions put to witness on recall are absolutely material to defence of accused, as otherwise..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Lack of competence of previous counsel - Not a ground to reopen examination of complainant...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Change of counsel after discharge of previous counsel - Not permissible as every counsel representing a party can have a different point of view and new questions might crop up, which according to him may be material to the case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power of Court to recall any witness or witnesses already examined or to summon any witness can be invoked even if evidence in both sides is closed so long as Court retains seisin of criminal proceedings...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If evidence of any witness appears to Court to be essential for just decision of case, it is power of Court to summon and examine or recall and re-examine any such person...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Bank Manager - Defence sought to be raised not put to cross examination of PW1 - Any defence raised at subsequent stage can certainly be termed as after thought - Trial Court was justified in dismissing application for summoning the witness and..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33, 4, 8 -- Offence u/ss 4 & 8 of POCSO Act - Recall of victim for cross-examination - Adjournment sought for cross examination of victim which came to be rejected and cross examination of victim was taken as `nil' - Trial Court ought to have given one more..........
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 - Victim is now aged about 22 years though she was below 18 years at the time of incident - For the purpose of S.33(5) of POCSO Act, relevant age is age at the time of examination of witness - S.33(5) POCSO Act..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim - Mere fact that accused was given sufficient opportunity to cross-examine witness and witness had gone into swoon during cross-examination shall not be grounds to deny a fair trial to accused - Application allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power of Court to recall any witness already examined or to summon any witness can be invoked even if evidence of both the sides is closed so long as Court retains seisin of criminal proceedings - Application rightly allowed...........
