State of Tripura vs Panna Ahmed - 2026 Supreme(SC) 631

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(SC) 631

DIPANKAR DATTA, SATISH CHANDRA SHARMA
State of Tripura – Appellant
Versus
Panna Ahmed – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Shuvodeep Roy, AOR Mr. Deepayan Dutta, Adv. Mr. Saurabh Tripathi, Adv.
For the Respondent(s): Mr. Mayank Pandey, AOR Mr. Ashish Kumar Pandey, Adv. Mr. Shivraj Singh Tomar, Adv. Ms. Yasheeka Garg, Adv. Mr. Arun, Adv.

JUDGMENT

SATISH CHANDRA SHARMA, J.

1. The present appeal arises out of the judgment and order dated 14.03.2024 passed by the High Court of Tripura at Agartala (hereinafter referred to as the “High Court”) in Criminal Petition No. 07 of 2024, whereby the High Court set aside the order dated 06.02.2024 passed by the learned Additional Sessions Judge, West Tripura, Agartala (hereinafter referred to as the “Trial Court”) in Sessions Trial (Type-1) No. 38 of 2017 and allowed the application filed under Section 311 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “CrPC”), permitting the recall of the prosecutrix (PW-1) for further cross-examination.

2. The facts necessary for adjudication of the present appeal are as follows:

2.1. On the basis of a written complaint dated 27.06.2016 lodged by the prosecutrix, FIR No. 2016 WAW 052 was registered against the Respondent-accused, alleging commission of offences punishable under Sections 342, 376(1) and 506 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”).

2.2. The allegation in the complaint is that on the morning of 27.06.2016, after the husband of the prosecutrix left for Sonamura Court in connection