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    <title>2004 (4) TMI 629 - Supreme Court</title>
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    <description>Sections 311 and 391 of the Code of Criminal Procedure empower courts to recall witnesses and admit additional evidence where necessary to reach the truth and secure a just decision. Those powers are not for filling gaps, but they may be used when the investigation and trial appear tainted, witnesses are alleged to have been intimidated, and the existing record is insufficient for a fair adjudication. In such circumstances, a mechanical refusal to consider further evidence is unsustainable. Where the justice process has been compromised and a fair trial cannot be ensured on the existing record, a retrial may be directed with protective and administrative measures, including transfer of proceedings, witness protection, and support for a fair and expeditious trial.</description>
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      <title>2004 (4) TMI 629 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=197814</link>
      <description>Sections 311 and 391 of the Code of Criminal Procedure empower courts to recall witnesses and admit additional evidence where necessary to reach the truth and secure a just decision. Those powers are not for filling gaps, but they may be used when the investigation and trial appear tainted, witnesses are alleged to have been intimidated, and the existing record is insufficient for a fair adjudication. In such circumstances, a mechanical refusal to consider further evidence is unsustainable. Where the justice process has been compromised and a fair trial cannot be ensured on the existing record, a retrial may be directed with protective and administrative measures, including transfer of proceedings, witness protection, and support for a fair and expeditious trial.</description>
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