Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.311 - Object of - Held: In order to enable the court to find out the truth and render a just decision trial or other proceeding the salutary provision of s.311 is enacted whereunder any court by exercising its discretionary authority at any stage of inquiry |
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 - Object of - Held: In order to enable the court to find out the truth and render a just decision, the salutary provision of s.311 is enacted whereunder any court by exercising its discretionary authority at any stage of inquiry, trial or other proceeding can summon any person as witness or examine any person in attendance though not summoned as a witness or recall or re-examine any person already examined who are expected to be able to throw light upon the matter in dispute - The object of the provision as a whole is to do justice not only from the point of view of the accused and the prosecution but also from the point of view of an orderly society - This power is to be exercised only for strong and valid reasons and it should be exercised with caution and circumspection - Recall is not a matter of course and the discretion given to the court has to be exercised judicially to prevent failure of justice - The reasons for exercising this power should be spelt out in the order. s.482 - Quashing of proceedings - Murder - Charge sheet filed against respondent no.1 and 2 - Statement of 28 witnesses F including of PW4 and PW5 recorded - PW4 and PW5 moved applications before Sessions Judge uls.311 CrPC after passage of 14 months for re-recording their statements on the ground that the previous statements were made under the influence of police and stating that respondent no. l and 2 had no role in the incident - G Sessions judge rejected the plea of police pressure and dismissed the application - However, High Court u/s. 482 quashed the order of Sessions judge thereby allowing the applications of PW4 and PW5 - On appeal by uncle of deceased, held: PWs 4 and 5 were examined and cross-examined at length - During the police investigation and in their evidence, they have supported the prosecution story - The Sessions Judge held that they were not under any pressure while recording their evidence - After a passage of 14 months, they filed the application for their re-examination on theground that the statements made by them earlier we~e under pressure- They have not assigned any reasons for the delay in makingapplication - It seems that they had been won over - There is noreason to allow such an application - The Sessions Judge, therefore,was justified in rejecting the application - High Court was not rightin setting aside the said order """ The records show that after theorder of the High Court, PWs 4 and 5 were re-examined before thetrial court - Trial court is directed to proceed with the matter withouttaking into consideration the evidence of PWs 4 and 5 recorded Cafter the order of the High Court - Penal Code, 1860 - ss.302,201, 342, 120B. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2017 INSC 954 |
Petitioner | Ratanlal |
Respondent | Prahlad Jat & Ors. |
SCR | [2017] 8 S.C.R. 682 |
Judgement Date | 2017-09-15 |
Case Number | 499 |
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