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STATE OF HARYANA
Vikas – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sumeet Goel, J.
The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of order dated 23.10.2023 (Annexure P-11) passed by Additional Sessions Judge, Sangrur whereby application filed by the petitioner-accused under Section 311 of Cr.P.C. of 1973, for re-calling of PW-1 (victim), was dismissed.
2. Learned counsel for the petitioner has argued that the re- examination of the victim was very much necessary for proper and fair adjudication of the case. He submits that some important facts/questions, which have material bearing on the decision of the case, were not earlier put to the victim (PW-1) during her cross-examination. It has been further argued that the Court below has dismissed the application on the ground that the victim had already been examined at length and moreover no specific question or aspect has been mentioned in the application which necessitated re-examination of the said victim (PW-1). According to the learned counsel, the impugned order is based on surmises and conjectures and the learned trial Court ought to have allowed the said application. Thus, the impugned order is liable to be set-aside.
3. Le
The right to cross-examine witnesses is fundamental to a fair trial, and courts must allow re-examination if essential for justice.
The main legal point established in the judgment is that the power of a trial Court under Section 311 of Cr.P.C. to allow re-examination of a witness for the purpose of conducting cross-examination o....
The main legal point established in the judgment is the discretionary and mandatory aspects of S.311 of Cr.P.C., emphasizing the need for judicious exercise of power and the requirement for the evide....
Section 311 of Cr.PC. empowers Court to call any person as witness at any stage of inquiry, trial or other proceeding in order to reach to just decision of case.
The power under Section 311 of Cr.P.C. should be invoked to meet the ends of justice, and changing counsel can be a relevant factor in recalling witnesses.
The main legal point established in the judgment is the essentiality of evidence for the just decision of the case and the wide discretionary powers of the court under Section 311 Cr.P.C.
The court affirmed that Section 311 of the Cr.P.C. allows for the recall of witnesses to ensure all relevant evidence is considered for a fair trial.
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