Witness recall - sc judgements

Here are some judgements for your refrence

https://www.scribd.com/document/232613108/Court-Can-Recall-Any-Witness-Even-if-Once-That-Power-Under-S-311-CrPC#fullscreen&from_embed

https://www.lawweb.in/2014/07/whether-witness-can-be-recalled-again.html

https://indiankanoon.org/doc/33982557/

The power under Section 311 CrPC must therefore, be invoked by the court only in order to meet the ends of justice for strong and valid reasons and the same must be exercised with care, caution and circumspection. The court should bear in mind that fair trial entails the interest of the accused, the victim and the society and, therefore, the grant of fair and proper opportunities to the persons concerned, must be ensured being a constitutional goal, as well as a human right.”

thank you sachin.

accused examination completed under 311 crpc and prosecution side arguments completed. after that only , we filed recall petition. please advise if the above judgements are applicable given this situation.

Yes, 

There are many judgements for this purpose

https://terminatorak.wordpress.com/2013/01/21/supreme-court-of-india-denial-of-an-opportunity-to-recall-the-witnesses-for-cross-examination-would-amount-to-condemning-the-appellant-without-giving-him-the-opportunity-to-challenge-the-correctness/ 

Supreme Court of India: Denial of an opportunity to recall the witnesses for cross-examination would amount to condemning the appellant without giving him the opportunity to challenge the correctness of the version and the credibility of the witnesses.

Originally posted by : Sachin
	Yes,  There are many judgements for this purpose https://terminatorak.wordpress.com/2013/01/21/supreme-court-of-india-denial-of-an-opportunity-to-recall-the-witnesses-for-cross-examination-would-amount-to-condemning-the-appellant-without-giving-him-the-opportunity-to-challenge-the-correctness/  Supreme Court of India: Denial of an opportunity to recall the witnesses for cross-examination would amount to condemning the appellant without giving him the opportunity to challenge the correctness of the version and the credibility of the witnesses.

i showed this to my lawyer but according to him PW1 was not cross examined in the mentioned judgement, which is different in my case where PW1 was already cross examined. Also, this judgement may no tbe applicable to 498a matters.

I suggest you to change your lawyer