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Angad   21 March 2019

Regarding recall of witness u/s 311 crpc

Dear Experts,

I am accused in a case u/s 498A/406/506/323/34 IPC. The complainant (PW1) in case was cross-examined by my lawyer but certain aspects/allegations were not covered by her. Besides on some of the allegations made by PW1 against me, like she was not allowed to go out of home and was forced to leave her job (before marriage, she never did any job after marriage) etc, I got some evidences recently (like she applied for some Govt. jobs and appeared for few govt. job interviews). Based on these recent evidence, I want to apply for recall of PW1 u/s 311 CrPC for cross-examination of PW1 on this new evidence and on aspects/allegations which were not covered during pervious cross-examination by previous lawyer.

My query are:-

1. With my 311 CrPC application Do I need to submit to court copies of documents which I want to confront to PW1 and further cross-examine her on aspects not covered by previous lawyer and on new evidence I recently got ?

 

2. Does dismissal of my previous 311CrPC application by court for recall of PW8 for her cross-examination affects outcome of my subsequent 311CrPC application? I haven't yet challenged dismissal of my previous 311CrPC application.

 

Please advise. Thank you very much.

Angad



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