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TMI Blog2001 (6) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... Procedure Code, 1973 by the respondent-complaintant. The proceedings against the petitioner-accused were initiated by way of a private, complaint. After the complaint was taken on file, the witnesses, P.Ws. 1 to 5, mentioned in the complaint, were examined and thereafter, the petitioner was questioned. The learned magistrate finding that there is a prima facie case, framed a charge and the trial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted case that the prosecution only examined witnesses Nos. 1 to 5 mentioned in the complaint. The prosecution did not take any steps to examine witnesses Nos. 6 to 10 at the time of trial. There is no material on record to indicate that the prosecution could not secure the presence of those witnesses during the pendency of the trial. After the trial was over, the petitioner was questioned under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... W Crl. 65 is not helpful to the respondent as the Supreme Court held that the prosecution cannot be allowed to rebut the defence evidence unless the prisoner brings forward something suddenly and unexpectedly which is not so in their case. The judgment of the Supreme Court in Mohanlal Shamji Soni v. Union of India [1991] LW Crl. 284, is also of no use to the respondent as the Supreme Court has onl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are not infrequent, but then on account of it, the accused cannot be made to suffer prejudice, by allowing the prosecution to ratify such laches by having recourse to section 311 of the Criminal Procedure Code. In N. Lakshmanan v. Tamilnadu Electricity Board [1991] LW Crl. 475, it is pointed out that the very width of power under section 311 of the Criminal Procedure Code, requires correspond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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