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SANDEEP N. BHATT
Hasmukhbhai Lalitbhai Popat – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. The present petition is filed for seeking the following reliefs:
(B)THIS HON'BLE COURT may be pleased to issue writ of mandamus or any other appropriate writ, order or direction and thereby be pleased to quash and set aside impugned order dated 02.07.2022 passed by learned 2nd Additional Sessions Judge and Special Fast Track Judge for Rape and POCSO Cases, Jamnagar in an application below Exh. 72 in Special Pocso Case No. 11/2019 (ANNEXURE - 'A') and further be pleased to allow application preferred by petitioner below exh.72 in Special Pocso Case No. 11/2019, in the interest of justice;
(C) Pending the admission and final hearing of this petition, this Hon'ble Court may be pleased to stay the further proceedings of Special Pocso Case No. 11/2019 pending before learned 2nd Additional Sessions Judge and Special Fast Track Judge for Rape and POCSO Cases, Jamnagar, in the interest;
(D) THIS HON'BLE COURT may kindly be pleased to grant such other and further relief's as may deemed fit, just and proper in the facts and circumstances of the case, in the interest of justice;”
2. Hea
The court upheld the trial court's rejection of a witness recall application under Section 311, emphasizing the importance of timely filings and the potential prejudice to the prosecution's rights.
The court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
Point of law : Power conferred under Section 311 is to be invoked by the court to meet the ends of justice, for strong and valid reasons and it is to be exercised with great caution and circumspectio....
The court affirmed that the denial to recall a witness based solely on delay violates the accused's right to a fair trial, underscoring the importance of using Section 311 of the Cr.P.C. to access es....
Rape - Power to summon material witness, or examine person present - It is clear that the application under section 311 Cr.P.C. has not been moved in a bona fide manner by revisionist to secure ends ....
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 power under Section 311, Cr.P.C. should be exercised with restraint and caution, especially at the final stage of the trial, and delay in filing the application may impact the court's decision.
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