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A. BADHARUDEEN
SHARAFUDHEEN S/O ALAVIKUTTY – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
1. This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short hereafter) and the petitioner is the sole accused in S.C.No. 450/2022 on the files of Special Court for the trial of offences under the Protection of Children from Sexual Offences Act (‘POCSO Act' for short), Perumbavoor. The petitioner assails the order in Crl. M.P. No. 274/2024 dated 13.08.2024 in the above case.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the order impugned and relevant materials available.
3. Crl. M.P. No. 274/2024 is a petition filed under Section 311 of the Code of Criminal Procedure (‘Cr.P.C’ for short) by the prosecution to recall PW18, the Investigating Officer, to clarify and explain the documents marked on the side of the accused as Exts. X1 to X6, viz., general diary and weekly reports. Prosecution sought examination of PW18, after recalling him on the ground that such an exercise is necessary to clarify and explain Exts. X1 to X6 and to protect the interest of the prosecution.
4. The petitioner herein/accused strongly opposed the prayer and it was contended th
The court affirmed that the discretion to recall witnesses for clarification is essential for ensuring justice in criminal proceedings.
The power under Section 311 CrPC should be exercised for the just decision of the case, and the evidence sought to be adduced must be essential, requiring judicial discretion.
The necessity of documents for trial must be clearly stated in the application; failure to do so justifies dismissal under Sections 233(3) and 91 of Cr.P.C.
The court confirmed the authority to recall witnesses under Section 311 Cr.P.C. is intended to ensure a just trial, balancing the need for complete evidence against the rights of the accused.
Point of law: Quash of order - it is not upon accused to disprove their case or to show who the guilty is, and the entire Durden of proving the guilt of accused beyond reasonable doubt would be sole....
Only the prosecution can submit additional documents in a sessions trial; witnesses cannot independently introduce evidence, ensuring trial integrity.
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