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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Md. Jamir Ali, S/o- Late Moniya Ali – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. Z. Alam, learned Counsel appearing for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State respondent and Mr. S. Nawaz, learned Amicus Curiae appearing for the respondent No.2.
2. By way of this petition under Section 482, read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”), the petitioner is challenging the impugned order dated 20.08.2018 passed in Sessions Case No. 70/2017 by learned Additional Sessions Judge (FTC) No.4, Kamrup (M), Guwahati, whereby the prayer of the petitioner for examining the Headmaster of Santipur Lower Primary School, Kamrup (M) as Court witness and also for directing him to produce and to exhibit the admission register and also to produce the extract copy of the relevant page of the admission register was rejected.
3. The facts of the case is that on 12.05.2016 the informant/PW-2 lodged an FIR against the respondent No.2/accused alleging inter-alia that by way of impersonating, the accused misrepresented himself as brother of the victim and fraudulently kidnapped her. Accordingly, a case was registered being Gorchuk P.S. case No. 248/2016 under Sec
The court emphasized that oversight in evidence presentation does not constitute a lacuna, and the power under Section 311 allows summoning witnesses if their evidence is essential for justice.
The duty of the court to ensure a fair trial and the importance of examining essential witnesses for the just decision of the case.
The court held that the authority to summon material witnesses exists at any trial stage under Section 311 CrPC, emphasizing that introducing additional evidence is permissible when necessary for jus....
Point of : law POCSO Act – Determination of age of prosecutrix - in the absence of any specific provision in the POCSO Act and the Rules framed thereunder for determination of the age of victims of s....
The court emphasized that Section 311 Cr.P.C. must be applied judiciously and not to fill gaps in evidence at the conclusion of trial.
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