As per Lawkidunya, Here are some key points and case laws that support the principle that a witness can be recalled by the court for cross-examination:
Key Points
1. Power of the Court: The court has the inherent power to recall a witness for cross-examination, even if the witness has already been examined-in-chief and cross-examined.
2. Purpose of Recall: The purpose of recalling a witness is to clarify any inconsistencies or ambiguities in their previous testimony, or to confront them with new evidence that has come to light.
3. Discretion of the Court: The decision to recall a witness is at the discretion of the court, and the court must exercise this discretion judiciously and in the interests of justice.
Case Laws and Judgments
1. AIR 1961 SC 1124: The Supreme Court of India held that the court has the power to recall a witness for cross-examination, even if the witness has already been examined-in-chief and cross-examined.
2. PLD 1976 SC 315: The Supreme Court of Pakistan held that the court has the inherent power to recall a witness for cross-examination, and that this power should be exercised in the interests of justice.
3. 2018 SCMR 1418: The Supreme Court of Pakistan held that the court can recall a witness for cross-examination if new evidence comes to light, or if there are inconsistencies in the witness’s previous testimony.
Statutory Provisions
1. Section 311 of the Code of Criminal Procedure, 1898 (Pakistan): This section empowers the court to recall a witness for cross-examination, even if the witness has already been examined-in-chief and cross-examined.
2. Section 165 of the Indian Evidence Act, 1872: This section empowers the court to recall a witness for cross-examination, and to examine the witness further if necessary.
In conclusion, a witness can be recalled by the court for cross-examination, and the court has the inherent power to do so. The decision to recall a witness is at the discretion of the court, and must be exercised in the interests of justice.
Case Laws & Judgments
1998 MLD 678