https://www.taxtmi.com/caselaws?id=300516 Section 311 CrPC gives the court wide power, and a duty, to summon or recall evidence that is essential to a just decision. Applied to a plea of alibi, the Collector was treated as a material witness on the respondent's presence at the relevant time, so examining him was directed toward discovering the truth rather than filling a lacuna in the prosecution case. The fact that the application was made late in trial did not, by itself, make it impermissible. The High Court was therefore held to have erred in setting aside the Sessions Judge's order, and the application to summon the witness was restored. en-us Mon, 14 Aug 2006 00:00:00 +0530 Tue, 08 Feb 2022 14:43:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300516 Section 311 CrPC gives the court wide power, and a duty, to summon or recall evidence that is essential to a just decision. Applied to a plea of alibi, the Collector was treated as a material witness on the respondent's presence at the relevant time, so examining him was directed toward discovering the truth rather than filling a lacuna in the prosecution case. The fact that the application was made late in trial did not, by itself, make it impermissible. The High Court was therefore held to have erred in setting aside the Sessions Judge's order, and the application to summon the witness was restored. Case-Laws Indian Laws Mon, 14 Aug 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300516