Criminal Procedure Code, 1973, Section 311 -- Summoning of scientific expert for cross examination - Merely because it is pleaded that "in the interest of justice" and "for lawful adjudication of matter" scientific expert should be summoned, it is not obligatory on the part of Court to summon said witness unless it is established with accuracy and precision that new..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere change of counsel would not suffice to recall witness to put certain suggestions in the manner new counsel desires...........
Criminal Procedure Code, 1973, Section 311 -- Power u/s 311 Cr.P.C is to be exercised for strong and valid reasons - One cannot claim any parity in deciding of an application u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of I.O for cross-examination - Change of counsel - Application filed at the stage when final arguments had started - Petitioner filed application on specific allegations of conspiracy by putting certain suggestions and to bring his attention to various material in the forms of statements u/s 161 Cr.P.C recorded by main..........
Criminal Procedure Code, 1973, Section 311 -- Recall of child witness - Mere fact that counsel of a party handled the case in haste is not at all a strong or valid reason to exercise discretionary power vested u/s 311 Cr.P.C which has to be exercised judiciously and not arbitrarily...........
Protection of Children from Sexual Offences Act, 2012, Section 33(5), 12, Criminal Procedure Code, 1973, Section 311 -- Recall of victim/child witness for further examination - Offence u/s 12 of POCSO Act - No satisfactory reason projected to recall the witness - Sessions Judge who recorded evidence was fully convinced that further examination of witness by recalling her..........
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..........
