Section 311 CrPC recall of witness allowed where a further cross-examination opportunity was needed to secure justice.

Section 311 CrPC gives the court wide discretion to recall and re-examine a witness at any stage, but only when the evidence is necessary for a just decision and the power is used judicially to secure the ends of justice. The application to recall PW-1 was made belatedly after the complainant's evidence had closed and the earlier cross-examination was complete, yet the court noted the death of prior counsel due to COVID and found sufficient cause for one further opportunity. The recall was therefore permitted subject to costs, reflecting the principle that discretion under Section 311 should prevent failure of justice without being exercised arbitrarily.

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Issues: Whether the petitioner was entitled to recall PW-1 for further cross-examination under Section 311 of the Code of Criminal Procedure, 1973.

Analysis: Section 311 confers wide discretion on the court to recall and re-examine a witness at any stage, but the power must be exercised judiciously and only when the evidence is essential to the just decision of the case. The application was made at a belated stage after the complainant's evidence had closed, the cross-examination of PW-1 had already been completed, and the accused had not specified what material aspects remained to be elicited. The Court found that the explanation based on COVID-19 did not justify recall, but it also noted that the earlier counsel had died of COVID and that the petitioner had shown sufficient cause for a further opportunity, especially in light of the need to avoid failure of justice.

Conclusion: The petitioner was entitled to one further opportunity to recall PW-1 for cross-examination, subject to payment of costs, and the recall application ought not to have been rejected.

Ratio Decidendi: The power under Section 311 of the Code of Criminal Procedure, 1973 must be exercised to secure the ends of justice and may be invoked to recall a witness where a further opportunity is shown to be necessary for a just decision, but the discretion must be used judicially and not arbitrarily.

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