Scope of 311 crpc
Prakash
(Querist) 05 March 2014
This query is : Resolved
Ld Counsels,
In a case of forging of document prosecution failed to mark the forged documents during trial and filed a petition to recall witnesses at the stage of judgment. Trial court allowed the same but on revision HC dismissed the petition to recall witness at belated stage.
Recently, accused found out that it is the PW1 who forged the document. Can accused recall PW1 and mark his accused's own copy of the forged document in defence. Will it give any opportunity for PW1 to mark his own copy as well of the forged document which the prosecution failed to do so earlier and HC prevented it to mark such document at belated stage.
Can prosecution take advantage of 311 petition filed by accused to prove its own case.
Please clarify.
T. Kalaiselvan, Advocate
(Expert) 05 March 2014
Petition u/s 311 cr.p.c. can be filed to recall PW1 for further cross examination but technical sensitive issue to be handled properly with care.
adv. rajeev ( rajoo )
(Expert) 05 March 2014
