https://www.taxtmi.com/caselaws?id=300550 Section 311 CrPC confers a wide power to recall witnesses at any stage where further evidence is essential for a just decision. The decisive question is whether refusal would impair a fair defence or risk failure of justice, not merely the stage of trial or a change of counsel. A request confined to material omissions and made bona fide is permissible, but not one that fills a lacuna or prejudices the prosecution. On the facts, the joint trial of 148 accused and the scale of evidence supported inadvertent omission, so recall of the prosecution witnesses was maintainable and the trial court's refusal was unsustainable. en-us Wed, 09 Mar 2016 00:00:00 +0530 Fri, 11 Feb 2022 07:18:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300550 Section 311 CrPC confers a wide power to recall witnesses at any stage where further evidence is essential for a just decision. The decisive question is whether refusal would impair a fair defence or risk failure of justice, not merely the stage of trial or a change of counsel. A request confined to material omissions and made bona fide is permissible, but not one that fills a lacuna or prejudices the prosecution. On the facts, the joint trial of 148 accused and the scale of evidence supported inadvertent omission, so recall of the prosecution witnesses was maintainable and the trial court's refusal was unsustainable. Case-Laws Indian Laws Wed, 09 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300550