Back
PRASANNA B. VARALE, VIKRAM NATH
Asim Akhtar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
VIKRAM NATH, J.
1. Leave granted.
2. By means of this appeal, the accused has assailed the correctness of the judgment and order dated 11.08.2022 passed by the Calcutta High Court in CRA No.222/2020 whereby the High Court allowed the appeal filed by the complainant (respondent no.2) and after setting aside the acquittal recorded by the Trial Court on 31.09.2020, remanded the case to proceed in a manner whereby the Trial Court would first decide the application under Section 319 of the Code of Criminal Procedure, 19731 [CrPC] and thereafter proceed to decide the trial.
3. That the First Information Report2 [FIR] was lodged by respondent no.2 alleging that the appellant had tried to kidnap him which was registered under sections 366/323/506(II) of the Indian Penal Code, 18603 [IPC] with section 25(1)(B)(a) of the Arms Act, 1950 as FIR No. 125 on 11.10.2017. After investigation, a charge-sheet was submitted on 08.02.2019 under the aforesaid sections.
4. During the trial the Examination-in-Chief of the victim (respondent no.2) PW1, her mother Sabiya Rahaman (PW 2) and her father Aslam Shaikh (PW 3) were recorded. However, their cross- examination was deferred on an application mad
(1) Complicity of any person sought to be arrayed as accused can be decided with or without conducting cross-examination of complainant and other prosecution witnesses.(2) Role of complainant in a tr....
Court can exercise power under Section 319 Cr.P.C. even on the basis of statement made in examination-in-chief of witness concerned and Court need not wait till cross-examination of such a witness an....
Summoning of additional accused to face trial – Test to be applied for dealing with application under Section 319 of Cr.P.C. is of more than a prima facie which is required to be considered at the ti....
The court upheld the trial court's decision to summon additional accused under Section 319 CrPC based on sufficient evidence from the informant, emphasizing the standard of proof required for such su....
(1) Powers under Section 319 Cr.P.C. can be exercised at any stage before final conclusion of trial.(2) On the basis of examination-in-chief of a witness if a case is made out, a person can be summon....
The main legal point established in the judgment is that the power of a trial Court under Section 311 of Cr.P.C. to allow re-examination of a witness for the purpose of conducting cross-examination o....
Examination-in-chief – Witnesses - Merely providing a witness in such a situation for cross-examination would be of no consequence because witness has to be re-heard keeping in view principle of de n....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
