https://www.taxtmi.com/caselaws?id=313381 Section 311 CrPC confers a wide power to recall a witness, but it must be exercised judicially only when the evidence is essential for a just decision. The provision cannot be used to fill a prosecutorial lacuna, cure an inherent weakness, or give the prosecution an unfair advantage. Where recall of the sole occurrence witness was sought at the fag end of trial solely to secure identification of the accused, after the witness had already failed to identify him and no delay was explained, the request was prejudicial to the accused and contrary to trial fairness. The order permitting recall was set aside and the application was dismissed. en-us Thu, 24 Aug 2023 00:00:00 +0530 Tue, 09 Apr 2024 20:46:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313381 Section 311 CrPC confers a wide power to recall a witness, but it must be exercised judicially only when the evidence is essential for a just decision. The provision cannot be used to fill a prosecutorial lacuna, cure an inherent weakness, or give the prosecution an unfair advantage. Where recall of the sole occurrence witness was sought at the fag end of trial solely to secure identification of the accused, after the witness had already failed to identify him and no delay was explained, the request was prejudicial to the accused and contrary to trial fairness. The order permitting recall was set aside and the application was dismissed. Case-Laws Indian Laws Thu, 24 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313381