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C. JAYACHANDRAN
SUNIL N. S. @ PULSAR SUNI S/O SURENDRAN – Appellant
Versus
STATION HOUSE OFFICER, NEDUMBASSERY POLICE STATION – Respondent
ORDER :
1. Petitioner - the 1st accused in S.C. No. 118/2018 of the Sessions Court, Ernakulam - seeks to recall Prosecution Witness Nos.112 and 183, who were examined as early as on 26.02.2021 and 10.09.2021 respectively. The application of the 1st accused in this regard under Section 311 Cr.P.C. was dismissed by the learned Sessions Judge, vide Annexure-A2. Being aggrieved by the same, the petitioner seeks to set aside Annexure-A2 Order and to allow Annexure-A1 application under Section 311 Cr.P.C.
2. Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor. Perused the records.
3. S.C. No. 118/2018 is the infamous case, where an actress was allegedly abducted and sexually assaulted by the accused persons, in a moving car. The offences alleged are under Section 120B, 109, 342, 366, 354, 354B, 357, 376D, 201, 212, read with Section 34 of the Penal Code and also Sections 66E and 66A of the Information Technology Act. Altogether, 261 witnesses were examined in the subject Sessions Case and Exts.P1 to P833 were marked on behalf of the prosecution. Exts.C1 to C68 were marked as Court Exhibits. MOs 1 to 142 were identified. Exts.D1 to D221 were marked on behalf
The court held that Section 233 Cr.P.C. does not permit recalling prosecution witnesses, which can only be done under Section 311 Cr.P.C., emphasizing the necessity of timely cross-examination.
The court affirmed that an application under S.233(3) of Cr.P.C. must be justified and not intended to circumvent prior orders under S.311.
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.
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 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 witnesses under Section 311 of CrPC is essential for ensuring justice, especially when contradictions arise in testimonies.
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