improvement at evidence stage
Querist :
Anonymous
(Querist) 01 August 2010
This query is : Resolved
Please suggest a good citation upon "Prosecution cannot be permitted to fill up lacuna in its case at evidence or at later stage."
Arvind Singh Chauhan
(Expert) 01 August 2010
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-815.
Evidence of complainant closed after giving two opportunity and complainant remain absent on such dates- his application under Sec 311 was rejected by trial court-Session court also rejected the revision- prayer under 482 Cr.P.C for quashing- Not quashed- No abuse of power- NCC-2008-UTT-313-SC’s Rulings.
Re examination of witness- object- purpose is only to get the clarification of some doubt created in cross examination- one can not supplement the in chief by way of reexamination and for the first time, start introducing totally new facts which have no concern with cross examination- SC-NCC-2009-897.
It is well settled that no party can take advantage of it’s own wrong and if power is exercised under this section to enable the prosecution to plug in the holes in its case- The afore said principle would be given a good by- BOM- Cr.L.J.-1996-365,368.
Querist :
Anonymous
(Querist) 08 August 2010
Thanks a lot Arvindjee
Querist :
Anonymous
(Querist) 08 August 2010
May someone help me getting title of these citations. Sorry to extra bother you but please...
BOM- Cr.L.J.-1996-365,368.
SC-NCC-2009-897.
NCC-2008-UTT-313-SC’s Rulings
NCC-2007-UTT-815.
Cr.L.J.2000-Mad-624.
