1994 (9) TMI 81

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.... learned Magistrate was right in permitting the recall of a witness and the reopening of the evidence. The respondent authorities had prosecuted the petitioner in Criminal Case No. 107/88. This case was substantially heard and had reached the stage where the statements of the accused were almost completed. At that point of time, an application was filed praying for recall of P.W. 2 on the ground t....

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....gard to the evidence and once the prosecution has closed its case and the accused have made their statements, it is not permissible to permit the reopening of the evidence. Particularly in a criminal trial, where an accused is required to state his defence and where the burden of proving the charges rests entirely on the prosecution, the principle of finality assumes some significance. It needs to....

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....ver is caused. On the other hand, he submits that serious damage would be done to the prosecution case if the learned Magistrate had not granted the application. 5.I am unable to uphold these submissions. I have to take cognizance of the fact that this trial had been dragged on for 6 years and that P.W. 2 had been examined earlier. It is not as though some witness who was not earlier available ....