Recall of prosecution witnesses under criminal procedure may be allowed to secure a just decision, not merely to fill a lacuna.

Section 311 of the Code of Criminal Procedure permits a court to recall or re-summon witnesses at any stage of trial when the evidence is necessary for a just decision. The text distinguishes a true lacuna in the prosecution case from an inadvertent omission or oversight in presenting evidence, and states that the latter may be corrected to clarify the matter and secure fair adjudication. The earlier caution against filling lacunae does not bar recall where the purpose is to aid justice rather than improve an unfair case. The stated conclusion is that recall in such circumstances is within the court's powers and is not impermissible.

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Issues: Whether the trial court could recall and re-summon prosecution witnesses under Section 311 of the Code of Criminal Procedure, 1973, and whether such exercise was impermissible as filling up a lacuna in the prosecution case.

Analysis: A lacuna in the prosecution case was distinguished from an oversight or lapse by the prosecutor in presenting evidence. An inadvertent omission to adduce proper evidence or to elicit relevant answers could be rectified by the court if the evidence was needed for a just decision. The power under Section 311 was described as plenary and exercisable at any stage of the trial when the exigencies of justice required it. The earlier caution against filling lacunae did not prohibit the court from recalling witnesses where the purpose was to clarify the matter and aid a fair adjudication.

Conclusion: The trial court was entitled to recall and re-summon witnesses in the interest of justice, and the order allowing such recall was valid.

Final Conclusion: The appeal failed because the impugned order permitting recall of prosecution witnesses was within the court's powers and did not amount to an impermissible filling up of a prosecution lacuna.

Ratio Decidendi: The court may recall or re-summon a witness at any stage under Section 311 of the Code of Criminal Procedure, 1973, when the evidence is necessary for a just decision, and this power is not barred merely because the recall cures a prosecutorial omission.

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