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    <title>2016 (8) TMI 1564 - Supreme Court</title>
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    <description>Section 311 CrPC allows recall of witnesses only where the evidence is essential to the just decision of the case, and it cannot be used to reopen concluded evidence, cure a strategy lapse, or enable repeated cross-examination without compelling necessity. On the facts, the defence grounds of earlier counsel&#039;s illness and alleged omissions in cross-examination did not justify recall after prosecution evidence had closed, the accused had been examined, and defence evidence had been led. Fair trial remains a constitutional requirement, but it must be balanced with procedural discipline, speedy trial, and the interests of the victim and society. The recall order was therefore set aside.</description>
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    <pubDate>Wed, 24 Aug 2016 00:00:00 +0530</pubDate>
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      <title>2016 (8) TMI 1564 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=300530</link>
      <description>Section 311 CrPC allows recall of witnesses only where the evidence is essential to the just decision of the case, and it cannot be used to reopen concluded evidence, cure a strategy lapse, or enable repeated cross-examination without compelling necessity. On the facts, the defence grounds of earlier counsel&#039;s illness and alleged omissions in cross-examination did not justify recall after prosecution evidence had closed, the accused had been examined, and defence evidence had been led. Fair trial remains a constitutional requirement, but it must be balanced with procedural discipline, speedy trial, and the interests of the victim and society. The recall order was therefore set aside.</description>
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      <pubDate>Wed, 24 Aug 2016 00:00:00 +0530</pubDate>
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