Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Where evidence sought to be brought on record is essential to the issue involved, powers u/s 311 Cr.P.C. must be invoked...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel in a case cannot always be ground for recalling and re-examination of witness, more so, in cases of sexual offences - However, facts and circumstances of each case have to be appreciated before deciding an application u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - Bar u/s 33(5) POCSO Act - Victim has not been repeatedly called for cross-examination - Bar u/s 33(5) POCSO Act is not attracted - Application for recall of victim..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - No question was put to victim in her cross-examination regarding allegation levelled against accused - More so, issue concerning determination of age of victim as..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW9 for cross-examination - Rape case - Opportunity to cross-examine PW9/principal of School of victim could not be availed due to unavailability of counsel of accused - However, counsel for accused should have remained present on the date fixed for cross-examination of PW9 - Neither it is mentioned in the order nor..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Maintainability - Trial Court dismissed application u/s 311 Cr.P.C. filed by petitioner holding that same was not bonafide and maintainable at end of trial - Held, the power vested u/s 311 Cr.P.C. can be exercised at any stage of trial - Thus, trial Court is directed to decide application afresh by testing..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel is no ground for recall of witness...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness to further cross examine lawful attorney of Bank - Once Court had already allowed the application for substitution of attorney in place of previous attorney then question of complaint not having been filed by a lawful attorney and that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91, 311 -- Dishonour of cheque - An application filed by complainant u/s 311 Cr.P.C. was allowed and evidence of PW2 was recorded and bank statement was exhibited - Accused filed an application to call Bank Manager in his evidence to rebut the evidence given by complainant - Prayer of..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Filling up lacunae - Said reason is not an absolute bar in allowing application u/s 311 Cr.P.C. - A crucial and vital piece of evidence ought not be obstructed...........
