Recall witness under crpc 311
Mayank
(Querist) 20 November 2014
This query is : Resolved
Respected Sir,
Recall any witness under crpc 311 is possible or admissible even after closer of evidence order by magistrate court.
Because prosecution evidence close order by judge.
but he want to some document to exhibit
Pls give solution
ajay sethi
(Expert) 21 November 2014
why were the said documents not produced earlier ? were the said documents not in your possession ?
Mayank
(Querist) 21 November 2014
@ ajay sir : Before hearing we file all of this document in front of court. But those documents only get marking they did not put any exhibit no on this paper. and here is problem start.
and now they rejcted crpc 311 aplication
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 November 2014
The legal system does not work like a machine, it is the expertise of the advocate to use any available situation for the advantage of his / her client.
In your case if matter is imp than you should go in revision / appeal .
Please read what APEX COURT has stated in a very recent case.
this Court examined the scope of Section 311 Cr.P.C.,
and held that it is a cardinal rule of the law of evidence, that the best
available evidence must be brought before the court to prove a fact, or
a point in issue. However, the court is under an obligation to
discharge its statutory functions, whether discretionary or obligatory,
according to law and hence ensure that justice is done. The court has
a duty to determine the truth, and to render a just decision. The same
is also the object of Section 311 Cr.P.C., wherein the court may
exercise its discretionary authority at any stage of the enquiry, trial or
other proceedings, to summon any person as a witness though not yet
summoned as a witness, or to recall or re-examine any person, though
not yet summoned as a witness, who are expected to be able to
throw light upon the matter in dispute , because if the judgments
happen to be rendered on an inchoate, inconclusive and speculative
presentation of facts, the ends of justice would be defeated.
PLEASE READ THE CLEAR DIRECTION BY APEX COURT TO ALLOW USE OF S.311 AT ANY STAGE OF TRIAL .
Dr J C Vashista
(Expert) 21 November 2014
Well advised by experts, I agree.
Mayank
(Querist) 21 November 2014
@ Advocate Defence : Very very thanks for such great knowledge by description
I read some article like this
http://supremecourtofindia.nic.in/scr/2011_v11_piv.pdf
and its good for me.........thanks
