Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C. must be invoked by Court only in order to meet the ends of justice for strong and valid reasons and the same must be exercised with care, caution and circumspection...........
Criminal Procedure Code, 1973, Section 311 -- Recall of three PWs for re-examination - In the absence of witnesses making any complaint about threat or pressure not to tell the truth before Court, mere on basis of filing an application by prosecution, it was not justified on the part of trial Court to allow the application - Order allowing application held, set aside...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application u/s 311 Cr.P.C cannot be allowed if it is filed only to drag the proceedings...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW2 - Application filed to recall PW2, as certain question of facts which are of vital importance not put to PW2 by previous counsel - Denial of opportunity to put such pertinent questions on facts would greatly affect the outcome of trial - No repetitive question would be put to said witness and re-examination is..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An order allowing application u/s 311 Cr.P.C. should have specific reasons explaining how re-calling and re-examination of witnesses are necessary for the just decision of the case - Cryptic non speaking order would not suffice...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Examination of doctors with support of entire medical documents - Where there is allegation from the side of accused that medical negligence is the reason for the death of child and prosecution case is that death was not due to any medical negligence, accused would not be put to any prejudice if..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant as a witness - Previous counsel of accused failed to put some questions as well as some documents to complainant - Relevance, admissibility and reliability of any such question or document was supposed to have been spelt out by accused so as to enable Court to evaluate the requirement of recall of..........
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 - There is no absolute bar u/s 33(5) of POCSO Act to recall a victim witness - However, victim who is a minor shall not be repeatedly called to Court in the guise of cross-examination - Application u/s 311 Cr.P.C..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of victim - Almost all the questions have already been put to victim and there are certain questions which are completely irrelevant and can be put to other witnesses - Moreover, there is a statutory bar u/s 33(5) of POCSO Act to recall victim in a..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for cross-examination - Rape victim - Victim was examined prior to examination of medical officer who deposed as PW3 and question with regard to FSL report could not be put to victim which in fact seems necessary for a just decision of case - Prejudice would be caused to accused unless afforded an effective..........
