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ANIL VERMA
Santosh Meghwal – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The applicant has preferred this revision under section 397 of Cr.P.C. being aggrieved by the order dated 31.3.2023 passed by the learned Additional Session Judge, Susner, District Agar Malwa (M.P.) in Sessions Trial No.12/2022, whereby an application preferred under section 311 of Cr.P.C. by the applicant / accused for re cross-examination of the prosecution witness (PW-1) has been dismissed.
2. The facts giving rise to the present revision are that on 10.8.2022 prosecutrix along with her father Shankarlal and her aunt (Bua) launched an FIR at Police Station Nalkheda, Agar Malwa by stating that her date of birth is 4.7.2005. The father of the prosecutrix and wife of the applicant/accused namely Vishnu Bai have Rakhi relations for last ten years. Vishnu Bai and her husband / present applicant often used to visited the house of the prosecutrix and they used to talk on mobile phone. On 8.8.2022 at about 4:00 PM while the prosecutrix was going towards the market, near Veterinary Hospital she met the applicant / accused, where applicant with a wrong intention caught hold her left hand and started harassing her. Upon this, the prosecutrix started screaming for help, then the acc
The duty of the court to examine essential witnesses for the just decision of the case, as highlighted in Section 311 of Cr.P.C and Section 33(5) of POCSO Act.
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....
The right to cross-examine witnesses is fundamental to a fair trial, and courts must allow re-examination if essential for justice.
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 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....
Recall of witness – Paramount requirement is just decision and for that purpose essentiality of a person to be recalled and re-examined has to be ascertained.
Section 311 of Cr.PC. empowers Court to call any person as witness at any stage of inquiry, trial or other proceeding in order to reach to just decision of case.
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