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G. S. AHLUWALIA
Pradeep – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This application under Section 482 of Cr.P.C. has been filed against the order dated 24.11.2021 passed by additional Sessions Judge (POCSO act), Mehagaon, District Bhind in Special Sessions Trial No.28/2021 by which the application filed by the applicant under Section 311 of Cr.P.C. has been rejected.
2. It is submitted by the counsel for the applicant that the applicant is facing trial. On 7.8.2021, the prosecutrix was present but the case was adjourned on account of the fact that the Presiding Officer was on leave and the prosecutrix was bound over for 12.8.2021. On 12. 8.2021, the prosecutrix appeared before the Trial Court and her examination-in-chief was recorded. at that time the counsel for the applicant moved an application for deferment of cross-examination on the ground that health condition of his senior advocate is not good, therefore, he is not in a position to cross-examine the prosecutrix. The prayer made by the counsel for the applicant was allowed and the cross-examination of the prosecutrix was deferred subject to payment of cost of Rs.250/- with a clear stipulation that on the next date of hearing, the counsel for the applicant would p
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....
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.
The power of the court under Section 165 of the Evidence Act is in a way complementary to its power under Section 311 of the Code.
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.
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.
The right to cross-examine witnesses is a statutory and fundamental right, crucial for ensuring a fair trial, necessitating courts to allow such opportunities to the accused.
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....
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