Using 311 crpc and 243(2) crpc for same witness
Querist :
Anonymous
(Querist) 18 February 2021
This query is : Resolved
In a criminal trial after entering into defense stage if anyone try to call witness through 311 crpc but get rejection in both lower court and high court then in those situation can he try to call the same witness using 243(2) for his reasonable defense ??
Advocate Bhartesh goyal
(Expert) 18 February 2021
No, in case accuse fails to avail right to lead defence evidence u/sec 243 of Cr.P.C or his evidence is closed by court then he can Prey to recall witness u/sec 311 Cr.P.C but when court rejects accuse prayer u/sec 311 Cr.P.C then he cannot recall witness for examination u/sec 243 Cr.P.C.
