Criminal Procedure Code, 1973, Section 311 -- Examination of additional witnesses - Sought after conclusion of defence arguments - Application does not disclose as to why said witnesses were not examined earlier nor does application set out any cogent reason for the same - Said application is bereft of details, as it does not spell out, how examination of these witnesses..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of PWs for further cross-examination - Rape case - PWs cross-examined in length and detail - They are thus, duly examined - Compromise was already in effect and in knowledge of accused - Recalling PWs already duly examined is nothing but an effort to delay the entire trial and to fill up lacuna which cannot be..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Stage of trial is not very relevant for determining whether power u/s 311 Cr.P.C, should be exercised by Court, as power u/s 311 Cr.P.C can be exercised by Court at any stage of any enquiry, trial or other proceedings under Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Examination of Municipal Secretary of Municipality for proving birth certificate of victim - Rape case - Determination of age of victim is crucial in facts and circumstances of case and for a just and proper decision in the matter - It is thus, necessary to summon and examine Municipal Secretary for proving contents of birth..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Failure of defence to put certain questions to witness - In itself not a ground for recalling of witness...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Courts are empowered to exercise discretion u/s 311 Cr.P.C where there are strong and valid reasons to conclude that re-examination or new evidence is needed for just decision of case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of I.O and complainant for further cross-examination - Offence u/ss 452, 324, 323 IPC - Application sought on the ground that certain new facts came to light in deposition of father of accused - However, said new facts are related to incident independent to present one - There is no co-relation between two incidents -..........
Indian Penal Code, 1860, Section 376, 311, 351 -- Attempt to rape - No evidence of penetration even to a slight degree of male organ of accused - Even, there is no evidence to suggest that sexual intercourse was actually committed by accused with prosecutrix - There is no mark of injury sustained by her on her body and private parts - Accused aged about 20 years striped..........
Criminal Procedure Code, 1973, Section 91, 311 -- Summoning to produce documents such as bank statement of accused - Application rejected on the ground that complainant should obtain these documents through RTI - Application under RTI Act was rejected by Bank - Documents in question necessary to prove case of complainant - No prejudice will be caused to accused due to..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witnesses - Power u/s 311 Cr.P.C can be exercised at any stage - There is no bar that order of examination of witnesses cannot be passed after defence evidence is over...........
