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        2024 (1) TMI 2 - HC - Indian Laws

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        Recall of witness under CrPC Section 311 is valid when essential for a just decision and no perversity is shown. Section 311 CrPC permits recall of a witness or complainant at any stage where the proposed evidence is essential for a just decision, and the power must ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Recall of witness under CrPC Section 311 is valid when essential for a just decision and no perversity is shown.

                            Section 311 CrPC permits recall of a witness or complainant at any stage where the proposed evidence is essential for a just decision, and the power must be exercised judiciously on strong and valid reasons. The court noted that the additional statement sought had not been available during the earlier cross-examination and was connected to related complaints, supporting the trial court's satisfaction. An order allowing recall and additional evidence will not be disturbed under Section 482 CrPC unless illegality, perversity, or misuse of discretion is shown. On these facts, no jurisdictional error was made out.




                            Issues: Whether the order permitting recall of the complainant and leading of additional evidence under Section 311 of the Code of Criminal Procedure, 1973 called for interference in exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973.

                            Analysis: The application under Section 311 was allowed because the trial court found the proposed evidence necessary for a just decision. The power under Section 311 is meant to enable the court to discover the truth and may be exercised at any stage if the evidence appears essential to the just decision of the case. Such power is to be used judiciously, for strong and valid reasons, and not as a disguise for changing the nature of the case. On the facts, the statement sought to be put to the complainant had not been available at the earlier cross-examination and there was material connection between the two related complaints. No illegality, perversity, or jurisdictional error in the trial court's satisfaction was shown.

                            Conclusion: The order allowing recall and additional evidence was justified, and no ground was made out to interfere under Section 482 of the Code of Criminal Procedure, 1973.

                            Ratio Decidendi: A witness may be recalled under Section 311 of the Code of Criminal Procedure, 1973 at any stage if the evidence is essential to a just decision, and such an order will not be interfered with in inherent jurisdiction absent illegality, perversity, or misuse of discretion.


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