Recalling of Witness--Fresh Examination-in-Chief Impermissible Where Evidence Already Recorded and Recall Sought to Introduce New Allegations After Decade-Long Delay
The power under Section 311 CrPC to recall a witness cannot be exercised to reopen the prosecution case by permitting a fresh examination-in-chief where such examination was already recorded on earlier occasions. Allowing further examination-in-chief at a belated stage, particularly to introduce allegations absent from the original FIR and prior depositions, would prejudice the accused and amounts to an impermissible reopening of evidence. Recall under Section 311 CrPC must be restricted to cross-examination where that is the stage at which proceedings had remained pending, unless compelling circumstances justify otherwise. Thus, Recall Under Section 311 CrPC Cannot Be Used to Reopen Evidence by way of fresh Examination-in-Chief
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