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PAMIDIGHANTAM SRI NARASIMHA, SANDEEP MEHTA
Neha Begum – Appellant
Versus
State of Assam – Respondent
Based on the provided legal document, the key points are as follows:
The court has discretionary power under Section 311 of the Criminal Procedure Code (Cr.P.C.) to summon, recall, or re-examine witnesses, but such actions are only permissible if they are necessary for a just decision and not merely to fill lacunae or for unsubstantiated reasons (!) (!) .
The exercise of this power must be judicious, ensuring that the evidence sought is essential for the case's fair determination and that non-summoning or non-re-examination would cause serious prejudice to the accused (!) (!) .
The court must be satisfied that additional evidence is necessary to prevent failure of justice, and such discretion should be exercised with fairness, caution, and in consideration of the principles of fair trial (!) (!) .
The application to recall witnesses filed by the petitioners was found to be vague and unsubstantiated, with no specific grounds demonstrating that non-summoning would cause grave prejudice or that the exercise of such power was essential for justice (!) (!) .
The court emphasized that the purpose of exercising the power under Section 311 Cr.P.C. is to uncover the truth and facilitate a just decision, not to rectify mistakes or fill gaps created by previous cross-examinations (!) (!) .
The courts acknowledged that the petitioners' claim that their previous lawyer did not conduct proper cross-examination was insufficient as a valid reason to recall witnesses, especially in the absence of concrete evidence demonstrating prejudice or injustice (!) (!) .
Ultimately, the courts upheld the order dismissing the application to recall witnesses, confirming that there was no infirmity in the decision and that the exercise of discretion was appropriate and within legal bounds (!) .
The overall principle is that the power under Section 311 Cr.P.C. should be exercised only when necessary for a fair trial and not for strategic or procedural advantages, ensuring that the rights of both parties are balanced (!) (!) .
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ORDER :
1. This special leave petition preferred on behalf of the accused petitioners takes exception to the judgment and order dated 19th January, 2024 passed by the learned Single Judge of the Gauhati High Court in Criminal Petition No. 561 of 2021 whereby, the petition preferred by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter being referred to as ‘CrPC’) was dismissed thereby, affirming the order dated 9th March, 2021 passed by the learned Sessions Judge, Dibrugarh in Petition No. 1869 of 2019 filed in Sessions Case No. 202 of 2018.
2. The petitioners are facing trial for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter being referred to as ‘IPC’) before the Sessions Judge, Dibrugarh. The trial of the case had proceeded significantly, whereafter the petitioners filed an application under Section 231(2) read with Section 311 CrPC being Petition No. 1869 of 2019 with a prayer to further cross examine the prosecution witnesses No. 1, 2, 3, 6, 7 and 8. The said application came to be rejected vide order dated 9th March, 2021.
3. Learned counsel for the petitioners vehemently and ferventl
Recall of witness for further cross-examination – Such course of action is only permissible to fill in lacuna in the case.
The main legal point established in the judgment is the discretionary and mandatory aspects of S.311 of Cr.P.C., emphasizing the need for judicious exercise of power and the requirement for the evide....
The discretion of the court to summon witnesses under Section 311 of Cr.P.C. to ensure a fair trial and just decision.
Section 311 of Cr.PC. empowers Court to call any person as witness at any stage of inquiry, trial or other proceeding in order to reach to just decision of case.
Recall of witness – Paramount requirement is just decision and for that purpose essentiality of a person to be recalled and re-examined has to be ascertained.
The discretion granted under Section 311 Cr.P.C. to recall witnesses must be exercised judiciously and not arbitrarily, with the primary objective of ensuring a just decision and preventing failure o....
The right to cross-examine witnesses is a statutory and fundamental right, crucial for ensuring a fair trial, necessitating courts to allow such opportunities to the accused.
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