Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 311 Cr. P. C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s.311 - Proceedings initiated under the IPC and Prevention of Corruption Act - Three accused including appellant - Appellant, in her defence examined one witness, DW-2 and after proving certain documents closed her defence - Trial Court fixed date for hearing final arguments - Prior to date of final hearing, application filed by appellant u/s.311 CrPC for D permission to examine three witnesses - Application dismissed by trial court on ground that examination of the witnesses sought to be examined by the appellant was unnecessary - High Court affirmed the order of trial court - Propriety - Held: Not proper - Application filed u/s. 311 Cr.P. C. must be allowed if fresh evidence is being produced to facilitate a just decision -The trial court prejudged the evidence of the witnesses sought to be examined by the appellant, and thereby caused grave and material prejudice to the appellant as regards her defence, which tantamounts to a flagrant violation of the principles of law governing the production of such evidence in keeping with the provisions of s. 311 Cr. P. C - Trial Court reached the conclusion that production of such evidence by the defence was not essential to facilitate a just decision of the case - Such an assumption was wholly misconceived, and not tenable in law as appellant has every right to adduce evidence in rebuttal of the evidence brought on record by the prosecution - Furthermore, instant case not one where if application filed by the appellant had been allowed, the process would have taken much time - In fact, disallowing the said application, has caused delay - No prejudice would have been caused to the prosecution, if the defence had been permitted to examine said three witnesses - Application u/s.311 Cr.P. C. filed by appellant accordingly allowed - Prevention of Corruption Act, 1988 - s. 13(2) r/w s.13(1)(d) - IPC - s.1208 r/w ss.420, 467, 468, 471.Code of Criminal Procedure, 1973 - s.311 - Powers under- Scope and object-Held: Power u/s.311 Cr.P.C. must be invoked by the Court only in order to meet the ends of C justice, for strong and valid reasons, and the same must be exercised with great caution and circumspection - Determinative factor should be, whether summoning/recalling of the said witness is in fact, essential to the just decision of the case - Adducing evidence in support of the defence is a valuable right - Denial of such right would amount to the denial of a fair trial - Under no circumstances can a person's right to fair trial be jeopardized - Criminal trial - Fair trial. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 326 |
Petitioner | Natasha Singh |
Respondent | Cbi (state) |
SCR | [2013] 5 S.C.R. 539 |
Judgement Date | 2013-05-08 |
Case Number | 709 |
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