examination and that the provision of Sections 216 and 217
of the Code of Criminal Procedure was not adhered to in the true sense ... altered or
added, the enabling provision is Section 216 of the Code of Criminal
Procedure.
37. In the case under consideration, the learned Special Judge
IPC. The punishment given under Section 417 of IPC is much lesser
sentence than the punishment under Section 468 of IPC. Further, the trial
Court ... liberty to the petitioner to recall and examine
further witnesses under Section 217 Cr.P.C. In view of the same, no prejudice
would
IPC. The punishment given under Section 417 of IPC is much lesser
sentence than the punishment under Section 468 of IPC. Further, the trial
Court ... liberty to the petitioner to recall and
examine further witnesses under Section 217 Cr.P.C. In view of the same, no
prejudice would
keeping in mind the provision of Section 217 Cr.P.C. which was rejected by the trial court on 25.02.2022 otherwise revisionist will be prejudiced ... present one Section 4 of POCSO Act. Impugned order is passed according to law and cannot be interfered in this revision.
Section 217
held as under :
16. Section 216 appears in Chapter XVII CrPC . Under the
provisions of Section 216, the court is authorised to alter ... mitigate the
prejudice likely to be caused to the accused. Section 217 CrPC
deals with recalling of witnesses when the charge is altered
section 302 IPC is clearly distinct from the evidence required to be adduced to prove a charge under section 304-B IPC read with section ... fair criminal trial.
28. In the facts of the case no such procedure consistent with the requirement of section 217 and 218
under Section 228 CrPC. At
this stage the remedy available to the accused is to
ask for discharge under Section 227 CrPC ... Section 216 CrPC. The only legal
requirement is that a witness has to be recalled as
provided under Section 217 CrPC
deliberation with the single motive to prolong the trial.
Sections 216 and 217 of Cr.P.C. read as under:
"216. Court may alter ... Learned counsel for the petitioner submits that a perusal
of Section 217 Cr.P.C. makes it clear that once the application filed
under Section
under Section 228 CrPC. At this
stage the remedy available to the accused is to ask for
discharge under Section 227 CrPC ... Section 216 CrPC. The only legal requirement is that a
witness has to be recalled as provided under Section
217 CrPC
under Section 228 CrPC. At this stage the
remedy available to the accused is to ask for
discharge under Section 227 CrPC ... Section 216 CrPC. The only legal requirement
is that a witness has to be recalled as
provided under Section 217 CrPC
