Back
AVNEESH JHINGAN
Baljinder Singh @ Kaka – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
AVNEESH JHINGAN, J.
1. The matter is taken up for hearing through video conference due to COVID-19 situation.
2. This criminal revision petition is filed being aggrieved of order dated 19th March, 2021 passed by the Sessions Judge, Barnala. The prayer under Section 311 of the Code of the Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') for further cross-examination of ASI Gurmeet Singh, Investigating Officer (hereinafter 'I.O.') and the complainant was declined.
3. The brief facts of the case are that on the statement of Harpreet Kaur, FIR No. 87, dated 9th June, 2019, under Sections 452, 324, 323 of the Indian Penal Code, 1860, was registered at Police Station Dhanaula, District Barnala. It was stated that she was working as house-hold help. Her husband died in the year 2013. On 8th June, 2019 at about 6 P.M., Baljinder Singh @ Kaka s/o Buta Singh came near residence of complainant. Her mother-in-law who was standing in the street, objected to accused roaming in the street. The accused forcibly entered in the house of the complainant with an iron rod in his hand. He slapped the complainant and tried to molest her. When mother-inlaw of the complainant tried to rescue, the ac
The discretionary powers under Section 311 of the Code of Criminal Procedure should be exercised judiciously and only when there are strong and valid reasons to conclude that re-examination or new ev....
The essentiality of evidence for a just decision of the case is the primary factor in deciding the application under Section 311 Cr.P.C.
The main legal point established in the judgment is the importance of properly examining the accused under Section 313 of the CrPC to allow them to explain any circumstances appearing in the evidence....
The court established that Section 311 of the Cr.P.C. allows for re-examination of witnesses when essential for a just decision, emphasizing the importance of thorough cross-examination.
The power under Section 319 Cr.P.C. can be exercised on the basis of examination-in-chief of the witnesses, as per the legal principles established by the Hon’ble Supreme Court.
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
