Supreme Court of India
Rajaram Prasad Yadav v. State of Bihar & Anr.
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4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that on a parity of reasoning and looking to the consequences of denial of opportunity to cross-examine the witnesses, we would prefer to err in favour of the appellant getting an opportunity rather than protecting the prosecution against a possible prejudice at his cost.
Judgment, page 17
From the headnote
CODE OF CRIMINAL PROCEDURE, 1973: s.311 - Power of court to re-examine a witness - Principles to be followed while dealing with an application u/s 311 - Culled out - Held: In the instant case, the application of complainant for his re-examination has no bona tides -- Trial 0 court had the opportunity to observe the demeanour of complainant while tendering evidence which persuaded it to reach the conclusion and that deserves .more credence while examining the correctness of the order passed by it - Order of trial court did not call for any interference, in any event, behind the back of
Authorities it was built on
- 1967 Jamatraj Kewalji Govani v. The State of Maharashtra
- 1958 Talab Haji Hussain v. Madhukar Purshottam Mondkar and Another
- 1991 Mohan Lal Shamlal Soni v. Union of India and Another
- 1990 Jumman Khan v. State of U.P.
- 2012 P. Sanjeeva Rao v. The State of A.P.
- 2012 Sudevanand v. State through Cbi
- 1999 Raj Deo Sharma v. The State of Bihar
- 2006 U.T. of Dadra & Haveli and Anr. v. Patel Sinh Mohansinh Chauhan
- 2007 Iddar and Ors. v. Aabida and Anr.
Where later benches applied it
- 2025 Sovaran Singh Prajapati v. The State of Uttar Pradesh
- 2016 State of Haryana v. Ram Mehar & Others Etc. Etc.
- 2019 Manju Devi v. State of Rajasthan & Anr.
- 2015 Ag v. Shiv Kumar Yadav &anr.
Of those, 2 relied on · 2 referred to
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