Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure or examine person present -_ Matter pertaining to commission of rape - Application u/s. 311 1973- s. 311 - Power to summon material witness |
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 - Power tosummon material witness, or examine person present -_Matter pertaining to commission of rape - Application u/s.311 "for recall of prosecution witnesses, at the stage whenstatement of accused has been recorded - Plea raised thatthe defence counsel was not competent and had noteffectively cross-examined the witnesses - Held: Recallcould be permitted if essential for the just decision - Recallis not a matter of course and discretion given to the courthas to be exercised judiciously to prevent failure of justice -Instant case is in the category of cases where the trial isrequired to be fast tracked - While advancement of justiceremains the prime object of law, recall cannot be allowed forthe asking or reasons related to mere convenience -Witnesses cannot be expected to face the hardship ofappearing in court repeatedly, particularly in such sensitivecases - It can result in undue hardship for victims, especiallyso, of heinous crimes, if they are required to repeatedlyappear in court to face cross-examination - It would result inundue delay in the trial - High Court did not assign a singlespecific reason as to how recall of as many as 13 witnesse~was necessary as. directed in the impugned order - Thus,the order passed by the High Court is set aside andapplication for recall is dismissed-Administration of criminaljustice.Judicial notice - Retrial on the ground of unfitness ofthe counsel- Court taking notice of- Since interest of societyis paramount and instead of trials being conducted again onaccount of unfitness of the counsel, reforms are necessaryso that such a situation does not arise - There is a need toreview the Advocates Act and the relevant Rules to examinethe continued fitness of an advocate to conduct a criminaltrial by the concerned Authorities including the LawCommission and the Bar Council of India - Advocates Act,1961. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2015 INSC 654 |
Petitioner | Ag |
Respondent | Shiv Kumar Yadav &anr. |
SCR | [2015] 10 S.C.R. 455 |
Judgement Date | 2015-09-10 |
Case Number | 1187-1188 |
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