IMPORTANT POINTS
1. The power conferred under Section 311 Cr.P.C. must be invoked by the Court only in order to meet the ends of justice, for strong and valid reasons, and the same must be exercised with great caution and circumspection.
2. Adducing evidence in support of the defence is a valuable right. Denial of such right would amount to the denial of a fair trial.

JUDGMENT

Dr. B.S. CHAUHAN, J.

1. Leave granted.

2. This appeal has been preferred against the impugned judgment and order dated 8.4.2013 in Criminal Misc. Case No.1324 of 2013, passed by the High Court of Delhi at New Delhi, by way of which it has affirmed the order dated 16.3.2013, passed by the Trial Court, dismissing the application filed by the appellant under Section 311 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’), observing that examination of the witnesses sought to be examined by the appellant-accused was in fact unnecessary, and would in no way assist in the process of arriving at a just decision with respect to the case.

3. Facts and circumstances giving rise to this appeal are as under: A. An FIR dated 10.8.1998 was registered under Section 120B read with Sections 420, 467, 468, 471 of the Indian Penal Code, 1860 (hereinafter referred to as the `IPC’) and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the Act 1988’) against the appellant and other accused persons. After the conclusion of the investigation, a chargesheet was filed on 19.7.2001 by the investigating agency, i.e., CBI against Smt. Rita Singh (A-1), Mrs. Natasha Singh (A-2), appellant, and Mr. Y.V. Luthra (A-3), a Public Servant.

B. In view thereof, charges were framed by the learned Trial Court on 5.5.2003 against all the three accused.

C. In support of its case, the prosecution examined 52 witnesses in the course of over 50 hearings and subsequent thereto, the statement of the appellant-accused was recorded on 28-29.1.2013 and 5.2.2013. The appellant, in her defence examined only one witness, namely, Sudhir Kumar (DW-2) and after proving certain documents closed her defence on 18.2.2013. The other accused, namely, Mr. Y.V. Luthra concluded his defence on 19.2.2013, after examining two defence witnesses, namely, Mr. A.K. Saxena and Mr. Satpal Arora. The Trial Court thereafter, fixed the date for hearing final arguments as 5.3.2013. The appellant preferred an application under Section 311 Cr.P.C. on 5.3.2013 for permission to examine three witnesses. The said application was dismissed by the Trial Court vide order dated 16.3.2013, against which the Criminal Misc. petition filed by the appellant was also dismissed by the High Court, by way of impugned order dated 8.4.2013. Hence, this appeal.

4. Shri U.U. Lalit, learned senior counsel appearing for the appellant, has submitted that the FIR was lodged in 1998 and if the prosecution has taken more than a decade to examine 52 witnesses, and that if after the appellant had closed her defence, the other accused had laid evidence in his defence, and that thereafter, without losing any time, the appellant had preferred an application seeking permission to examine three witnesses in her defence, and had even given reasons for their examination, the same should not have been dismissed. The Trial Court has committed an error in appreciating the evidence which could have been provided by the said three witnesses in anticipation. It has also been stated that further, there was no delay on the part of the appellant in moving the application. Had this application been allowed by the courts below, no prejudice would have been caused to the respondent. Thus, the appeal deserves to be allowed.

5. On the contrary, Shri S.P. Singh, learned senior counsel appearing for the respondent, has opposed the appeal contending that the courts below have recorded a finding of fact to the extent that the said evidence was not necessary to arrive a just decision, and that it was left to the discretion of the court whether to allow such an application or not. This Court should not interfere with the manner in which such a discretion has been exercised by the courts below. The courts below have considered the case in correct perspective and thus, no interference is called for. The