Reopen a case for extra evedence
Querist :
Anonymous
(Querist) 07 August 2011
This query is : Resolved
a case was instituted u/s-341,323,325 i.p.c. c.s. has been submited accordingly chargeg have been framed and all the chargeshteed witnesses were examined evedence closed, statementwas taken and defence evedence closed and argument of defence also fully heard .Than a petition was filed by the A.P.O. to reopen the case & examine a docter who is not in chargesheet nor in evdence of any P.W......is it possible?...is it possible u/s311Cr.p.c..?
Guest
(Expert) 07 August 2011
yes he can. but only in the interest of justice and not to fill up the lacuna of the prosecution. it is also a good defence for you agitate the matter at the time of enquiry and cross examination. Because the 161 statement cannot be furnished no list of witnesses regarding the doctor. file objections properly
Swami Sadashiva Brahmendra Sar
(Expert) 08 August 2011
It appears from he query that the trial has been concluded and only judgment is to be delivered. At this stage, the court has no power to permit the prosecution to produce a new witness. If it is extremely important for prosecution and expedient in the interest of justice, the prosecution may file an application before the High Court for a direction to trial court to examine that additional witness.
THANKACHAN V P
(Expert) 08 August 2011
2006 (3) KLT 930
Hon'ble Mr. Justice J.B. Koshy & Hon'ble Mr. Justice M. Sasidharan Nambiar
Sree Venkatadeswara Enterprises v. Rajasekharan Nair
Crl. R.P. No.1827/04 and Crl. M.C. No.1921 of 2004
Decided on 3rd August, 2006
Criminal P.C. 1973, S.311 -- Trial as provided under S.311 will not be terminated by closing the evidence of prosecution and defence or posting the case for judgment -- Will stand terminated only on pronouncing judgment either acquitting accused or awarding sentence after conviction.
True, S.353 which deals with judgment, under sub-s.1 provides that in every trial in any criminal court of original jurisdiction, the judgment shall be pronounced in open court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders. But termination of trial as provided under sub-s.1 cannot be understood as providing that trial of a criminal court ends before the judgment is pronounced. As stated earlier whether it is a sessions trial or a warrant trial or a summons trial pronouncing of judgment acquitting or convicting the accused forms part of the trial as contemplated under Chapters XVIII, XIX and XX. S.354 provides the language and contents of judgment. S.354 makes it abundantly clear that sentence also form part of the judgment. Therefore till the accused is sentenced, judgment is not complete. Till the judgment is pronounced trial continues. Therefore it is not possible to restrict the scope of trial provided under S.311 of the Code to a stage up to the closing of evidence or hearing of arguments and posting the case for judgment. Even if, after closing evidence for prosecution and defence, prosecution and defence were heard and case is posted for judgment to a specified future date, it cannot be said that before pronouncing judgment the trial is terminated. When S.311 provides that the power thereunder could be invoked at any stage of trial it is not possible to restrict it to the stage of closing of evidence or posting of the case for judgment. The power could be exercised till the trial is completed, provided for a just decision of the case it is essential. S.391 of the Code empowers the appellate court while dealing with any appeal under Chapter XXIX to admit additional evidence, if it thinks additional evidence is necessary. It empowers the appellate court to take such evidence itself or direct it to be taken by a subordinate court. On hearing the appeal, if the appellate court finds that to arrive at the truth and take a just decision a particular witness should have been examined or a witness recalled and examined S.311 would definitely enable the appellate court to recall the witness and examine him or summon and examine the witness. If that be the case one cannot say that S.311 of the Code cannot be invoked by the trial court at the pre judgment stage before the judgment is pronounced. Trial as provided under S.311 of the Code will not be terminated by closing the evidence of prosecution and defence or posting the case for judgment. Trial would stand terminated only on pronouncing the judgment either acquitting the accused or awarding the sentence after conviction. (paras. 10, 11 & 15)
Ajay Bansal
(Expert) 08 August 2011
Agreed with S.Ganeshan above,views of remaining experts have not been read by me.
