Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 197 3: s.311 - Scope and ambit of - Petition by accused u/s. 311 for recalling of witnesses |
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, 197 3: s.311 - Scope and ambit of - Petition by accused u/s. 311 for recalling of witnesses - Trial court held that when the material questions had already been put, there was no point to entertain the application and mere change of the counsel could not be considered as a ground to allow the application for recalling the witnesses for further cross-examination - Petition uls.482 011 the ground that the leading.counsel for defe1ne was critically ill during the trial and certain important questions, suggestions with respect to individual roles and injuries sustained and the weapon used etc. had not been put to the witnesses - High Court, allowed the petitions holding that a case for recalling was made out to ensure grant of fair opportunity to defend and uphold the concept of fair trial - On appeal, held: In the case at hand, the prosecution had examined all the witnesses - The statements of all the accused persons, that is 148 in number. had been recorded uls. 313 - The defence had examined 15 witnesses - Number of lawyers were engaged by the defence - The accused persons had engaged counsel of their choice - Jn such a situation recalling of witnesses indubitably cannot form the foundation - High Court was persuaded by the submission that recalling of witnesses and their cross examination would not take much time and that apart, the cross examination could be restricted to certain aspects - In this regard, High Court failed to appreciate that the witnesses have been sought to be recalled for further cross-examination to elicit certain facts for establishing certain discrepancies; and also to be given certain suggestions - This kind of plea in a case of this nature and at this stage could not have been allowed to be entertained. Natural justice: Fair trial-Held: Fair trial in its ambit requires fairness to the accused, the victim and the collective at large - Neither the accused nor the prosecution nor the victim can claim absolute |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 616 |
Petitioner | State Of Haryana |
Respondent | Ram Mehar & Others Etc. Etc. |
SCR | [2016] 5 S.C.R. 172 |
Judgement Date | 2016-08-24 |
Case Number | 805-806 |
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