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    <title>2015 (9) TMI 1702 - Supreme Court</title>
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    <description>Section 311 CrPC confers a wide power to recall witnesses, but it must be exercised only for strong and valid reasons shown to be essential for a just decision and to prevent miscarriage of justice. A mere change of defence counsel, or the claim that earlier cross-examination was unsatisfactory, does not by itself justify reopening a trial, especially at the fag end of proceedings. The Court must weigh fairness to the accused, the victim and society, along with witness hardship and the need for expeditious trial. On these facts, recall was held unjustified and the order permitting it was set aside.</description>
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    <pubDate>Thu, 10 Sep 2015 00:00:00 +0530</pubDate>
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      <title>2015 (9) TMI 1702 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=294352</link>
      <description>Section 311 CrPC confers a wide power to recall witnesses, but it must be exercised only for strong and valid reasons shown to be essential for a just decision and to prevent miscarriage of justice. A mere change of defence counsel, or the claim that earlier cross-examination was unsatisfactory, does not by itself justify reopening a trial, especially at the fag end of proceedings. The Court must weigh fairness to the accused, the victim and society, along with witness hardship and the need for expeditious trial. On these facts, recall was held unjustified and the order permitting it was set aside.</description>
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      <pubDate>Thu, 10 Sep 2015 00:00:00 +0530</pubDate>
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