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A. BADHARUDEEN
Dileep, S/o. Devarajan – Appellant
Versus
State Of Kerala – Respondent
ORDER :
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner, who is the accused in Crime No.768/2021 of Sooranad police station, Kollam Rural, now pending as S.C.No.210/2022 on the files of the Fast Track Special Court (PoCSO), Karunagappally and the prayers herein are as under:
II. To direct the Fast Track Special Judge, Karungappally to consider Annexure A13 petition before proceedings further in SC No.210 of 2022;
III. Dispense with filing of the translation of vernacular documents produced by the petitioners in this case; and
IV. Such other relief in favour of the petitioners as this Hon’ble Court may deem fit to grant.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. The petitioner herein challenges Annexure A7 order, whereby, the learned Special Judge, Fast Track Special Court, Karunagappally, dismissed
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 to recall and re-examine a witness under Section 311 of Cr.P.C is essential for finding out the truth and obtaining proper proof for a just decision, especially when the witness's evidence ....
The power conferred under Section 311 of Cr.P.C. should be invoked only in the ends of justice and for strong and valid reasons.
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 emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
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....
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