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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M.M.NERLIKAR
Chaban s/o Pandurang Pachare – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. overview of the case leading to prosecution. (Para 3 , 4) |
| 2. arguments for and against recalling witnesses. (Para 5 , 6) |
| 3. guidelines for exercising power under section 311. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. conclusion on merit of the petition. (Para 13) |
JUDGMENT :
M.M. NERLIKAR, J.
Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.
2. The present petition is filed under Article 227 of the Constitution of India, challenging the order dated 27/06/2025, passed in Special POCSO Case No. 29/2019 by the learned Additional Sessions Judge/Special Judge, Chandrapur, whereby the application filed under Section 311 of the Code of Criminal Procedure for recalling certain prosecution witnesses was rejected.
3. Brief facts of the case are that:
The prosecution case arises from an incident reported on 06/04/2019, when the informant received a phone call from the Warden of the Girls Hostel at Infant Jesus Public School, Rajura, District Chandrapur, informing that two girls from the hostel were unwell. The informant visited the hospital and found that the girls were receiving treatment and complained of dizziness. Subsequently, a
The rejection of a request to recall witnesses under Section 311 CrPC is valid when it is deemed an attempt to prolong proceedings without just cause, emphasizing the need for fair trial principles.
The power under Section 311 of the Code of Criminal Procedure must be exercised judiciously, with great caution and circumspection, to ensure fair trial and proper opportunities for all parties, and ....
The main legal point established in the judgment is the need for strong and valid reasons to recall witnesses, the protection of child victims from repeated testimony, and the discretion of the court....
The court established that the power under Section 311 CrPC to summon or recall witnesses is essential for ensuring a just decision in criminal trials, and must be exercised with caution to avoid pre....
The court emphasized that the power under Section 311 of the Cr.P.C. must be exercised judiciously, ensuring that it serves the ends of justice and is not based on arbitrary claims of coercion.
The central legal point established in the judgment is the interpretation of Section 311 of Cr.P.C and the dilution of rigor under Section 33(5) of the POCSO Act once the victim crosses the age of 18....
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....
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