ILC-2011-SC-CRL-Aug-1
Vijay Kumar Vs. State of U.P. and another
The Code of Criminal Procedure, 1973 - Section 311 , The Indian Evidence Act, 1872 - Section 165
Statements of accused recorded u/s 313 CrPC - Defence evidence - Accused file three applications u/s 311 CrPC - One summon witness as court witness - Second recall Pw 8, Pw 10, Pw 11 IO - Third recall complainant - Objection filed by prosecution - Application of accused to delay the trial because accused were fully aware of the fact - Objection on first application that witness not named in charge sheet, neither u/s 161 CrPC witness residing America - Trial court dismissed all the three applications - Accused filed criminal revision - High Court allowed revision - Appeal - Section 165 Evidence Act is complementary - These two section confer jurisdiction on the court to act in aid of justice - Without examining the relevance of evidence - High Court judgment set aside - Section 311 CrPC is exercised arbitrarily - Appeal succeeds.
Topic(s)-
Important Decision(s)-
ILC-2011-SC-CRL-Aug-6
Rajinder vs State (NCT of Delhi) and another
ILC-2011-SC-CRL-Aug-5
Amit Singh Vs. State Of Maharashtra & Anr.
ILC-2011-SC-CRL-Aug-4
Sarojben Ashwinkumar Shah Etc. Vs. State Of Gujarat & Anr.
ILC-2011-SC-CRL-Aug-3
Budhadev Karmaskar Vs. State of West Bengal
ILC-2011-SC-CRL-Aug-2
Shah Nawaz Vs. State Of U.P. & Anr.
ILC-2011-SC-CRL-Jul-6
Jalpat Rai & others Vs. State of Haryana
ILC-2011-SC-CRL-Jul-5
Bhajan Singh @ Harbhajan Singh & others Vs. State of Haryana
ILC-2011-SC-CRL-Jul-4
Jahid Shaikh & others Vs. State of Gujarat & another
ILC-2011-SC-CRL-Jul-3
Academy of Nutrition Improvement and others Vs. Union of India