311 Cr.P.C
imteyaz farooquee
(Querist) 31 March 2011
This query is : Resolved
Any witnesses may be examined u/s 311 Cr.P.C after closing of the Prosecution case, but in what provision , prayer has been made in the court to call for a certain documents for exhibit in the case ?
Arvind Singh Chauhan
(Expert) 31 March 2011
Though Sec 311 provides so, but various courts held as-
Prosecution can not be allowed to fill up lacuna by filing application under Sec 311 and examine a witness in support of a document. Defect in prosecution case can’t be cured by marking of a document at belated stage and examining witness in support thereof –Cr.L.J.2000-Mad-624.
Sec-311 can’t be exercised only to fill the lacuna in the prosecution evidence- NCC-2007-UTT-851.
indrajit mukhopadhyay
(Expert) 01 April 2011
your conception is wrong.sec.311 is the provision of recalling the witnesses.mind you ,not any witness. If prayer for recalling witness u/s311 is made from defence side, then defence must have to show that it is very much essential for the ends of justice to recall him and unless he is recalled defence will be highly prejudiced.In that case the court can consider the the prayer.
production of documents is envisaged in sec.162 of evidence act. The documents was in the possession of whom?if you can show that the document,which you want to exhibit,was in the possession of the person who has already been examined, and if the said document is not exhibited the defence will be highly prejudiced then the court will definitely allow the prayer ,otherwise the same may be rejected.
