MEDICAL OFFICER / I.O'S EXAMINATION AFTER 313 STMNT OF ACCUSED / EVIDENCE CLOSED
R.SHAH
(Querist) 29 June 2011
This query is : Resolved
yesterday was my date for final argument court u/s498a,406,325,506 & 34 after 313 statment of accused.
but on last date complainant appeared and filed application for calling meical officer and investigating officer to examine, whereas all the prosecution witness has been summons but non appear nor complainant parents appeared for deposition after all procedure court take steps of 313 stmnt. and final argument. whereas it was allowed and next date was kept for m.o./i.o examination,
query.
it's possible of after 313 stmt witness of prosecution be examined allowd ?
how far the medical officer and investigating officer deposition help to complainant wherein, only her & her mother deposition recorded. her mother deposition is contracdictions.
kindly advised me.
Ravikant Soni
(Expert) 29 June 2011
Under section 311 of Cr.P.C. the court has unrestricted power to call or recall any witness at any stage either upon his own motion or upon the prayer of any party to the proceedings.
Ravikant Soni
(Expert) 29 June 2011
311. Power to summon material witness, or examine person present.
Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person its a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case
Ravikant Soni
(Expert) 29 June 2011
After bare perusal of this section it appears this section has two parts.
first---
Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person its a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined..
and second ---
and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.
In the second part the word shall is used. so whenever evidence of any witness appears essential to the just decision the court shall summon and examin him.
Evidence of I.O. and M.O. is must in a criminal case. If other circumstance not against to call them then the court must have to call such witnesses for want of justice.
Guest
(Expert) 30 June 2011
enough clarification was given by soni sir
R.SHAH
(Querist) 30 June 2011
dear all,
DURING CHEIF & CROSS EXAMN. OF COMPLAINANT SHE HAS NOT BROUGHT ON RECORD. BUT NOW WHEN MATTER IS KEPT FOR FINAL ARGUMENT, COMPLAINANT APPLIED FOR EXAMINE MEDICAL OFFICER FOR OFFENCE DT. 26/12/05. SUMMONS HAS ISSUED TO THEM.
WHEREAS, CHARGESHEET CONSISTS OF LIST OF WITNESS HAVING HOSPITAL NAME AND MLC NUMBER.
SO WHAT BENEFITS GET TO THE ACCUSED NOW WHEN AFTER 313 STATEMENT MEDICAL OFFICER CALL UPON, AS COMPLAINANT AWARE THAT SHE LOOSE THE CASE IMMEDIATE AFTER HER CROSS OVER, AND HER FATHER,SISTER,BROTHER,FRIENDS,RELATIVES NOT APPEAR FOR DEPOSITION SINCE AFTER HER MOTHER DEPOSITION OVER ON MARCH 2009. NOW AFTER ALL SUCH STEPS AND SUMMONS ISSUED TO CHARGESHEET WITNESS NONE APPEARED AND WHEN MATTER COMES FOR FINAL ARGUMENTS SHE PRAYS FOR M.O. /I.O. EXAMINATION.
kindly advise how much it help ful to me as per procedure.
kranthi ramana
(Expert) 01 July 2011
yes, i totally agree with the experts saying that u/s. 311 of cr.pc the court can grant recall of any witness and if the trail courts rejects the petition filed by complainant, then the appeal/superior courts definitely grants the petition in complainant favour.
R.SHAH
(Querist) 04 July 2011
yes sir, i too agree as per u/s311 crpc procedure,
two days back i check with court that whom summons has issued and while knowing i was shocked the p.w.3, who has given few lines cheif deposition and thereafter he was purposely delaying the trail since march 2009 almost about 20months court has followed every procedure to let him deposed and many oppurtunity pn state request, thereafter his witness was drop and proceed further for other witnesses, since his dropping the complainant time to time visit the court to see the status and meet the public prosecutor in her case and discuss. whereas court come sto the stage of issuing summons to i.o. and m.o. and after non appearamce of them court closed the evidence from state end and recorded accused statement.
now after his dropped i.e almost 6 months she came and file complaint against judge and due to pressure build on court court give oppurtunity to p.w.3 and m.o. i.o. to appear in court and for which summons reissued to them.
my queries,
if u/s311crpc give court discretion power it means that every complainant do like this and this is not an abuse of process of law. ofcourse if there is no oppurtunity given to them then there is recalling is rewuired but in this case 2 years time and in that more or less 45 dates where consumes. still this 311 crpc can invokes.
recently, neeraj cover murder case verdict in 3 years, in 498a false case running since 6 years and when it comes to final arguments 'u' turn to the witnessess examination ??? thats mean another couples of years this trail can began.
i humble request kindly suggest me how take steps in the matter to stop p.w.3 from deposing, once he get chance he think we will again succeed in harassing the accused.
how can i crack this stage???
a waiting for response.
thanks
