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AIR 2014 SUPREME COURT 2950
::2014 AIR SCW 4372
Supreme Court Of India
(From : Calcutta)
Hon'ble Judge(s):
Ranjana Prakash Desai,
N. V. Ramana
, JJ
(A) Criminal P.C. (2 of 1974) , S.311— Recalling of witnesses - Power under S. 311 is wide - Recalling is whether for filling up of lacuna or for just decision of case - Depends on facts and circumstances of each case. S. 311 is couched in very wide terms. It empowers the court at any stage of any inquiry, trial or other proceedings under the Code to summon any person as a witness or examine any person in attendance, though not summoned as witness or recall and re-examine already examined witness. The second part of the Section uses the word 'shall'. It says that the court shall summon and examine or recall or re-examine any such person if his evidence appears to it to be essential to the just decision of the case. The words 'essential to the just decision of the case' are the key words. The court must form an opinion that for the just decision of the case recall or re-examination of the witness is necessary. Since the power is wide it's exercise has to be done with circumspection. It is trite that wider the power greater is the responsibility on the courts which exercise it. The exercise of this power cannot be untrammeled and arbitrary but must be only guided by the object of arriving at a just decision of the case. It should not cause prejudice to the accused. It should not permit the prosecution to fill-up the lacuna. Whether recall of a witness is for f....
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