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SURESHWAR THAKUR
Raman Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sureshwar Thakur, J. (Oral) - The present petitioner is an accused in FIR No.784 of 02.11.2020, registered at Police Station Jagadhari City, District Yamuna Nagar, whereins an offence constituted under Section 302 of IPC, becomes embodied.
2. It is submitted at the bar, by the learned counsel for the petitioner that, the trial which has commenced in respect of the petition FIR, as, drawn against the accused, has reached rather the stage of proceedings under Section 313 of Cr.P.C., becoming drawn against the accused.
3. Be that as it may, after the completest recordings of the depositions of PW-1, and, PW-2, the learned defence counsel instituted an application cast, under Section 311 of Cr.P.C. In the above application, he claimed relief, for the recalling of PW-1, and, of PW-2 for further cross-examinations being conducted, upon them. The reason thereof, as set forth in the application, is comprised in the factum, that during the course of the cross-examination of PW-2, she did not initially identify the accused, through video conferencing, and, in respect thereof, she gave an explanation that, the brightness on the screen, was less rather when the accused was asked to be
The defense counsel cannot undo earlier omissions through subsequent applications under Section 311 of Cr.P.C. and must be completely aware of the necessity of putting exculpatory defenses to the wit....
The court established that video conferencing is a permissible method for recording witness testimony under the amended provisions of the Cr.P.C., and that such methods do not infringe upon the right....
The main legal point established in the judgment is that the provisions of Section 311 of Cr.P.C. allow a Court to summon a witness if their evidence is essential for the just decision of the case. T....
The main legal point established is the judicious exercise of discretionary power under Section 311 of the Cr.P.C. to ensure the just decision of the case, considering the essentiality of evidence an....
The consent of the prosecutrix for cross-examination and the interest of justice influenced the court's decision to grant the petitioner an opportunity for cross-examination of witnesses.
Re-examination - Scope of section 311 Cr.P.C. - Section 311, Cr.P.C. that request for re-examination has been made solely on ground that Senior Counsel has been engaged in place of a Junior Counsel a....
The right to cross-examine witnesses is not absolute and requires justification; a mere change of counsel does not alone satisfy the criteria for recalling a witness under Section 311 CrPC.
The main legal point established is the importance of balancing the rights of the accused and the prosecutrix under Section 311 Cr.P.C. and Section 33(5) of the POCSO Act in ensuring a fair trial.
The power to recall witnesses under Section 311 Cr.P.C. must be exercised judiciously, primarily to ensure justice, and not to remedy perceived inadequacies in prior legal representation.
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