Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for cross-examination - Ample opportunities were provided to accused to cross-examine witness which has not been encashed by him - However, default made by a party and whereby creating inconvenience to opposite party can be cured and compensated by way of imposing cost upon erring party - One more..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- DNA test - Rape case - Question involved in the case was whether rape was committed on prosecutrix by accused - Neither there is any question that whether child that was born to prosecutrix was child of accused..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Examination of handwriting expert - Dishonour of cheque - If the handwriting expert gives his opinion beyond the scope, said evidence cannot be shut out in case it pertains to relevant aspect of matter particularly as regards the signature of accused - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 91, 311 -- Production of documents - Failure of prosecution to file a document along with charge sheet is an omission constituting a procedural lapse only - Procedural lapse cannot be placed at par with substantive violation of law...........
Criminal Procedure Code, 1973, Section 91, 311, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Production of documents - Offence u/ss 13(1)(d), 13(2) of P.C Act - Production of an additional document during course of trial and summoning an additional witness to prove document cannot be found to be totally impermissible under law in cases under P.C Act...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of scientific expert for cross examination - In the application u/s 311 Cr.P.C. party seeking attendance of new witness needs to plead with accuracy and precision why expert witness must be summoned - Failure to plead necessary ingredients for invoking power u/s 311 Cr.P.C. - Application rightly rejected...........
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..........
