Ravi (a) 23 January 2017

Witness recall - sc judgements

in 498a case, prosecution submitted its arguments (both oran and written). after that, we filed a recall petition of defacto complainant (PW1) to ask questions about important documents. the documents were shown to judge(magistrate) and hearing also completed from both the parties. however, APP said that she will supreme/high court judgments to support the case whereas my lawyer also said he will file judgements to support the recall petition.

could some one send me any latest apex judgements that recall of petition cannot be denied? esp in 498a matters.

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Sachin (N.A) 23 January 2017

Here are some judgements for your refrence

https://www.scribd.com/document/232613108/Court-Can-Recall-Any-Witness-Even-if-Once-That-Power-Under-S-311-CrPC#fullscreen&from_embed

https://www.lawweb.in/2014/07/whether-witness-can-be-recalled-again.html

Sachin (N.A) 23 January 2017

https://indiankanoon.org/doc/33982557/

The power under Section 311 CrPC must therefore, be invoked by the court only in order to meet the ends of justice for strong and valid reasons and the same must be exercised with care, caution and circumspection. The court should bear in mind that fair trial entails the interest of the accused, the victim and the society and, therefore, the grant of fair and proper opportunities to the persons concerned, must be ensured being a constitutional goal, as well as a human right.”

Ravi (a) 23 January 2017

thank you sachin.

accused examination completed under 311 crpc and prosecution side arguments completed. after that only , we filed recall petition. please advise if the above judgements are applicable given this situation.

Sachin (N.A) 23 January 2017

Yes,

There are many judgements for this purpose

https://terminatorak.wordpress.com/2013/01/21/supreme-court-of-india-denial-of-an-opportunity-to-recall-the-witnesses-for-cross-examination-would-amount-to-condemning-the-appellant-without-giving-him-the-opportunity-to-challenge-the-correctness/

Supreme Court of India: Denial of an opportunity to recall the witnesses for cross-examination would amount to condemning the appellant without giving him the opportunity to challenge the correctness of the version and the credibility of the witnesses.

Ravi (a) 23 January 2017

Originally posted by : Sachin
	Yes, There are many judgements for this purpose https://terminatorak.wordpress.com/2013/01/21/supreme-court-of-india-denial-of-an-opportunity-to-recall-the-witnesses-for-cross-examination-would-amount-to-condemning-the-appellant-without-giving-him-the-opportunity-to-challenge-the-correctness/ Supreme Court of India: Denial of an opportunity to recall the witnesses for cross-examination would amount to condemning the appellant without giving him the opportunity to challenge the correctness of the version and the credibility of the witnesses.

i showed this to my lawyer but according to him PW1 was not cross examined in the mentioned judgement, which is different in my case where PW1 was already cross examined. Also, this judgement may no tbe applicable to 498a matters.