Querist :
Anonymous
(Querist) 30 May 2011
This query is : Resolved
Respected Sirs,A case of forgery,cheating,falsification of accounts,impersonation and destruction of evidence was filed against my cousin before 40 years before a court of JMFC.During the course of investigations one of the witnesses'evidence was recorded by the I/O PSI.After lapse of ten days the same witness approached the I/O PSI and again stated some additional facts.During his deposition before the court the witness spoke pertaining to the first statement but did not spoke anything pertaining to the second/additional statement.At the end of the cross examination he was asked by the defence whether he has to say anything.He stated that he has nothing else to say.His evidence was recorded in the court 27 years back.I would like to know whether the prosecution can call the witness now and complete the deposition with regard to the second/additional statement of the witness.
Ajay Bansal
(Expert) 30 May 2011
As per section 311 Cr.P.C. said witness can be re-called by the court on request of prosecution side even after a period of 27 years.
M/s. Y-not legal services
(Expert) 30 May 2011
Dear author what you saying? A criminal case pending more than 40 years before jmfc? Can't believe it sir. Anyway a witness can be recall at anytime before judgement.
Guest
(Expert) 30 May 2011
if the court considers necessary for the just decision and in order to meet the ends of justice it can recall.
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