AI Overview...
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Witness Cannot Be Recalled to Fill Lacuna - Multiple sources confirm that once a witness has been examined or cross-examined, they generally cannot be recalled solely to fill gaps or lacunae in the prosecution or defense case. Courts emphasize that recalling a witness for such purposes is not permissible, as it may be considered an attempt to unfairly supplement or alter the evidence already recorded Rajendra Prashad VS State Of Rajasthan, Through P. P. - Rajasthan, Jakir @ Moda VS State of Rajasthan - Rajasthan, Minal Satish Jadhav VS Madhukar Dattatray Jadhav - Bombay, Ravi Mohanlal Bhalotia VS State of Maharashtra - Bombay, Pratibha Mehra VS State of Haryana - Punjab and Haryana, JODHPUR GUMS AND CHEMICALS PRIVATE LIMITED VS PUNJAB NATIONAL BANK - Rajasthan, STATE OF GUJARAT VS NATUBHAI SOMABHAI VASAVA - Gujarat, Krishanlal Sikka VS Sanghi Beverages - Madhya Pradesh.
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Exceptions and Court's Discretion - While the general rule is that witnesses cannot be recalled to fill lacunae, courts retain some discretion under Section 311 of the Cr.P.C. to recall witnesses for essential purposes, such as clarifying facts or producing documents, provided it does not amount to filling lacunae or introducing new case material. However, this power is exercised cautiously, and the court must ensure that the recall does not prejudice the fairness of proceedings State of Gujarat VS Natubhai Somabhai Vasava - Crimes, Narandas Anandji VS Patel Harilal Velji - Gujarat.
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Limitations on Recalling Witnesses for New Evidence - Recalling witnesses to prove new documents or facts at a belated stage is permissible only if it is strictly relevant and does not serve as a means to fill procedural gaps or introduce new case strategies. The evidence to be led upon recall should be restricted to the purpose for which the witness is recalled, and not to alter the case's substance Narandas Anandji VS Patel Harilal Velji - Gujarat.
Analysis and Conclusion:
The prevailing legal principle across these sources is that witnesses cannot be recalled solely to fill lacunae in the case. Such attempts are generally rejected by courts to maintain fairness and prevent abuse of process. Recalling may be allowed in exceptional circumstances under Section 311 Cr.P.C., but only for legitimate reasons and without introducing new case material or filling procedural gaps. This ensures the integrity of the trial process and that evidence remains consistent and fair.
Search Results for "Witness can t be Recalled to Fill Lacuna"
2022 0 Supreme(Raj) 2222 • India - Rajasthan
DINESH MEHTA
cannot be recalled to fill the lacuna left by the petitioner's counsel. ... cannot be recalled to fill the lacuna left by the petitioner's counsel. ... guise of losing a case, and therefore, the witness cannot be recalled for completion of cross-examination. ... Such being the position, this Court is of the considered view that the said witness Bhanwarlal (PW-3) cannot be recalled for filling-up the lacun....
2017 0 Supreme(Raj) 1709 • India - Rajasthan
PANKAJ BHANDARI
witness cannot be recalled to fill in lacuna in prosecution case so as to now implicate the accused petitioner – Petition is Allowed ... for re-examining – It is contended by counsel for petitioner that witness cannot be recalled for filling in lacuna in prosecution ... District and Sessions Judge whereby Court below has allowed application filed by respondent under Section 311 Cr.P.C., 1973 and has recalled ... It is contended by counsel for the pet....
2020 0 Supreme(Bom) 673 • India - Bombay
A.M.BADAR
cannot be recalled to fill up lacuna - Held, Perusal of impugned order makes it clear that learned trial court has failed to appreciate ... Application for recalling PW 2 further cross-examination came to be rejected with a reason that merely because new advocate is engaged witness ... Cr.P.C- had rejected said application - learned APP opposed application by contending that application is filed for filling up lacuna
2020 0 Supreme(Bom) 672 • India - Bombay
A.M.BADAR
cannot be recalled to fill up lacuna - Held, Perusal of impugned order makes it clear that learned trial court has failed to appreciate ... Application for recalling PW 2 further cross-examination came to be rejected with a reason that merely because new advocate is engaged witness ... Cr.P.C- had rejected said application - learned APP opposed application by contending that application is filed for filling up lacuna ... The application for recalling PW 2 Devendra Astekar for further cross-examination c....
2016 0 Supreme(P&H) 687 • India - Punjab and Haryana
ANITA CHAUDHRY
--The witnesses cannot be recalled and re-examined to fill up the lacuna--A lacuna in the prosecution must be understood as the inherent ... (A) Indian Penal Code, 1860, S.376--Rape--Recalling of witness--The petitioner wants to recall the witness as she wants to clear ... some facts from the witnesses and confront the others with some other material--Application for recalling of witness held to be rightly ... The petitioner wants to recall the witness#HL_EN....
1998 0 Supreme(Raj) 729 • India - Rajasthan
MOHD.YAMIN
Issues: The issue revolved around whether witnesses could be recalled to fill up lacuna in proving certain documents due to ... ... ( 3 ) LEARNED counsel for the petitioner submitted that according to Order 18 Rule 17 CPC a witness cannot be recalled to fill up lacuna. ... It does not authorise a party to have a witness, whom he has already cross examined, recalled for the purpose of further cross examination. ... He submitted tha....
• India - Crimes
S.G.SHAH
be summoned as a witness or recall for re-examine at any stage of proceedings when essential—Power of Court to recall any witness ... or witness already examined or to summon any witness can be invoked even if evidence in both sides is closed so long as Court retains ... Criminal Procedure Code, 1973—Section 311—Recall of witness—Amplitude of powers vested in Court under Section 311 of Code is very ... Therefore, though by and large it can be said as observed in the impugned order that witness....
2015 0 Supreme(Guj) 23 • India - Gujarat
S.G.SHAH
up lacuna in prosecution case and that filling up of lacuna is not permissible - Held, There is material illegality in impugned ... (3) Crimes 106, trial Court has also relied upon Section 313 of the Code of Criminal Procedure for re-calling or examining any witness ... by original accused, FTC Judge has set aside same by impugned judgment observing that such application is nothing but attempt to fill ... Therefore, though by and large it can be said as observed in the impugned order that witness cannot....
1982 0 Supreme(MP) 418 • India - Madhya Pradesh
P.D.MULYE
-- witness cannot be recalled merely to prove Khata entries. ... ... (2) Civil P.C., 1908 -- S. 115 and O. 18, R. 17 -- witness recalled ... up the lacuna by recalling the said witness in the manner proposed by the plaintiff Revision allowed.
1997 0 Supreme(Guj) 672 • India - Gujarat
R.R.JAIN
Production of Document - Recall of Witness - The court allowed the production of a document at a belated stage and permitted the ... Of course, this right is subject to one restriction that party recalling the witness cannot be permitted to introduce new case with a view to fill up lacuna. On witness being recalled the evidence to be led has to be restricted to the relevancy and proof of such document produced at later stage. ... In all cases, where documents are permitted to be produc....
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