https://www.taxtmi.com/caselaws?id=298361 Section 311 CrPC gives the court wide power to recall and re-examine a witness, but only when the evidence is essential for a just decision and the request is made for a proper judicial purpose. Read with Section 138 of the Evidence Act, re-examination is confined to explaining matters arising in cross-examination and cannot be used to fill gaps in the prosecution case or alter an earlier sworn version unless real necessity is shown and no serious prejudice results. On the facts, the High Court failed to respect the trial court's reasoned refusal, and the order permitting recall was set aside. en-us Thu, 04 Jul 2013 00:00:00 +0530 Tue, 18 Jul 2023 12:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298361 Section 311 CrPC gives the court wide power to recall and re-examine a witness, but only when the evidence is essential for a just decision and the request is made for a proper judicial purpose. Read with Section 138 of the Evidence Act, re-examination is confined to explaining matters arising in cross-examination and cannot be used to fill gaps in the prosecution case or alter an earlier sworn version unless real necessity is shown and no serious prejudice results. On the facts, the High Court failed to respect the trial court's reasoned refusal, and the order permitting recall was set aside. Case-Laws Indian Laws Thu, 04 Jul 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298361