Search Results Page
Search Results
1 - 10 of 22 (0.22 seconds)P K Pradhan vs The State Of Sikkim Represented By The on 24 July, 2001
11. The object underlying
Section 311 of the Code is that there
may not be failure of justice on
account of mistake of either party in
bringing the valuable evidence on
record or leaving ambiguity in the
statements of the witnesses
examined from either side. The
determinative factor is whether it is
essential to the just decision of the
case. The section is not limited only
for the benefit of the accused, and it
will not be an improper exercise of
the powers of the Court to summon a
witness under the Section merely
because the evidence supports the
case for the prosecution and not that
I.A. No. 01 of 2016 in Crl. Rev. P. No.07 of 2015 9
Gopal Pradhan
Vs.
State of Sikkim
of the accused. The section is a
general section which applies to all
proceedings, enquiries and trials
under the Code and empowers
Magistrate to issue summons to any
witness at any stage of such
proceedings, trial or enquiry. In
Section 311 the significant expression
that occurs is "at any stage of inquiry
or trial or other proceeding under this
Code". It is, however, to be borne in
mind that whereas the section
confers a very wide power on the
Court on summoning witnesses, the
discretion conferred is to be exercised
judiciously, as the wider the power
the greater is the necessity for
application of judicial mind.