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Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): K. T. Thomas, M. B. Shah , JJ

Criminal P.C. (2 of 1974) , S.311— Re- examination of prosecution witnesses - Cannot be permitted merely for filling up lacuna in prosecution evidence - Mistakes or laches in conducting case by public prosecutor - Cannot be understood to mean lacuna in prosecution case. The contention that the Court cannot exercise power of re-summoning any witness if once that power was exercised, cannot be countenaced as a legal proposition, nor can the power be whittled down merely on the ground that prosecution discovered laches only when the defence highlighted them during final arguments. The power of the Court is plenary to summon or even recall any witness at any stage of the case if the Court considers it necessary for a just decision.(Para 11) Therefore, where there was negligence on the part of Public Prosecutor as he closed evidence twice without verifying whether cross examination of all the witnesses has been concluded or not and therefore in the interest of justice the application to the extent that prosecution witness be recalled for cross examination was allowed by trial Court and other witnesses were permitted to be re-summoned for purposes of proving certain documents for prosecution, the steps which the trial Court permitted for resummoning certain witnesses cannot therefore be spurned down nor frowned at.(Para 11) ....