https://www.taxtmi.com/caselaws?id=196658 Section 311 of the Code of Criminal Procedure, 1973 confers wide discretion to recall a material witness where cross-examination is necessary for a just decision and to prevent failure of justice. Where the accused had not cross-examined the complainant and shadow witness earlier due to an intended deferral, and their testimony remained materially incriminating and untested, the court must give greater weight to fair trial concerns and the opportunity to challenge credibility. On those facts, recall for cross-examination was warranted, and refusal to grant that opportunity was not justified. en-us Mon, 02 Jul 2012 00:00:00 +0530 Mon, 19 Feb 2018 14:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196658 Section 311 of the Code of Criminal Procedure, 1973 confers wide discretion to recall a material witness where cross-examination is necessary for a just decision and to prevent failure of justice. Where the accused had not cross-examined the complainant and shadow witness earlier due to an intended deferral, and their testimony remained materially incriminating and untested, the court must give greater weight to fair trial concerns and the opportunity to challenge credibility. On those facts, recall for cross-examination was warranted, and refusal to grant that opportunity was not justified. Case-Laws Indian Laws Mon, 02 Jul 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196658