Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SHAMIMA JAHAN
Langpu Takhe, Son of Late Langpu Tashi – Appellant
Versus
State of AP – Respondent
| Table of Content |
|---|
| 1. court's jurisdiction on recalling witnesses. (Para 1) |
| 2. arguments regarding contradictions in witness statements. (Para 2 , 10 , 11) |
| 3. details of witness testimonies and contradictions between them. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 4. observations on witness reliability and its impact on justice. (Para 12 , 13 , 18 , 23) |
| 5. court's analysis of section 311 crpc. (Para 19 , 20 , 21 , 22 , 25) |
| 6. discrepancies impact the judicial process. (Para 24) |
| 7. court's directive to recall witnesses for cross-examination. (Para 26 , 27 , 28) |
JUDGMENT :
SHAMIMA JAHAN, J.
1. The issue which needs to be addressed by this Court is as to whether recalling of witnesses under Section 311 of CRPC ( Section 348 of Bharatiya Nagarik Suraksha Sanhita 2023) can be entertained in the present case or not. The instant petition is filed against the order dated 28-04-2025 passed by the Court of Sessions Judge, Yupia, Arunachal Pradesh in Sessions Case no. 45/2015 (YPA) by which, the recalling of prosecution witnesses No. 2 & 3 was rejected. The trial Court had passed the said rejection order mainly on the ground of engaging new counsel for defence, who had prayed to examine the witnesses again after
The power to recall witnesses under Section 311 of CrPC is essential for ensuring justice, especially when contradictions arise in testimonies.
The court upheld that Section 311 Cr.P.C. allows recall of witnesses only when essential for justice, emphasizing the need for strong justification for such applications.
Merely on asking the application under Section 311 of the Cr.P.C. cannot be allowed as there has to be sufficient reasons behind it.
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 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 discretionary power to recall witnesses under Section 311 Cr.P.C. should be exercised judiciously to prevent failure of justice, ensuring a fair trial, and preventing delay.
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
