Supreme Court · 2015 INSC 654 · Decided 10 September 2015
Ag v. Shiv Kumar Yadav &ANR.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 654 · [2015] 10 S.C.R. 455
- Case number
- CRIMINAL APPEAL No. 1187/2015
- Decided
- 10 September 2015
- Bench
- J.S. KHEHAR, ADARSH KUMAR GOEL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 311
Headnote
A B Code of Criminal Procedure, 1973- s. 311 - Power to c summon material witness, or examine person present -_ Matter pertaining to commission of rape - Application u/s. 311 "for recall of prosecution witnesses, at the stage when statement of accused has been recorded - Plea raised that the not 0 effectively cross-examined the witnesses - Held: Recall could be permitted if essential for the just decision - Recall is not a matter of course and discretion given to the court has to be exercised judiciously to prevent failure of justice - Instant case is in the category of cases where
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