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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
BALJINDER SINGH SANDHU
Siddarth Suthar, S/o Shri Shyamlal Suthar – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
| Table of Content |
|---|
| 1. application for recalling witness under section 311 cr.p.c. (Para 1 , 2 , 3 , 4) |
| 2. arguments challenging the recall application. (Para 5 , 6 , 7 , 10) |
| 3. court's reasoning on witness recall issues. (Para 8 , 9 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. conclusion and order dismissing the application. (Para 19 , 20 , 21 , 22) |
ORDER :
BALJINDER SINGH SANDHU, J.
S.B. Criminal Misc(Pet.) No. 4426/2024
1.The instant criminal miscellaneous petition under Section 528 of the BNSS , 2023, has been preferred against the order dated 01.07.2024 passed by the Children's Court, Pratapgarh, whereby application filed under Section 311 Cr.P.C. for recalling PW-3 has been allowed.
2. The facts of the present case are that the offence alleged against the accused is under Section 302 of IPC . One of the accused is Prince @ Pratham, who is a minor and whose trial is pending before the Children's Court, Pratapgarh being Sessions Case No.69/2022. The other accused is Jitu @ Kana, who is a major and his trial is going on before the Sessions Court, Pratapgarh, in Session Case No.20/2023.
3. Since the learned Sessions Judge is also the Presiding Officer of the Children Court, the trials of b
The court upheld that witness testimonies should not be casually recalled post-examination without substantial justification, emphasizing the importance of maintaining the integrity of judicial proce....
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 emphasized that the power under Section 311 of the Cr.P.C. must be exercised judiciously, ensuring that it serves the ends of justice and is not based on arbitrary claims of coercion.
The court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
The power under Section 311, Cr.P.C. should be exercised with restraint and caution, especially at the final stage of the trial, and delay in filing the application may impact the court's decision.
The court emphasized that recalling witnesses requires strong justification and cannot be used to delay trials or harass victims, aligning with established principles of fair trial under the law.
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 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....
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