https://www.taxtmi.com/caselaws?id=311727 A private party's limited role in a sessions trial under Section 301 CrPC does not prevent the court from acting under Section 311 CrPC where already examined evidence is essential for a just decision. When a statutory witness's oral testimony is plainly inconsistent with his own recorded proceeding, the criminal court should not remain passive and may, in appropriate cases, recall the witness to clarify the contradiction and avoid miscarriage of justice. The distinction between a correctable error and a true prosecution lacuna was applied, and the omission here was treated as an error capable of correction. The refusal to recall the witness was therefore unsustainable, and the trial court was directed to recall him and permit further cross-examination. en-us Thu, 05 Dec 2013 00:00:00 +0530 Wed, 10 Jan 2024 17:14:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311727 A private party's limited role in a sessions trial under Section 301 CrPC does not prevent the court from acting under Section 311 CrPC where already examined evidence is essential for a just decision. When a statutory witness's oral testimony is plainly inconsistent with his own recorded proceeding, the criminal court should not remain passive and may, in appropriate cases, recall the witness to clarify the contradiction and avoid miscarriage of justice. The distinction between a correctable error and a true prosecution lacuna was applied, and the omission here was treated as an error capable of correction. The refusal to recall the witness was therefore unsustainable, and the trial court was directed to recall him and permit further cross-examination. Case-Laws Indian Laws Thu, 05 Dec 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311727