RAJENDRA PRASAD versus THE NARCOTIC CELL THROUGH ITS OFFICER INCHARGE, DELHI

RAJENDRA PRASAD versus THE NARCOTIC CELL THROUGH ITS OFFICER INCHARGE, DELHI

A court may recall or re-examine witnesses under Section 311 CrPC even after prosecution and defence evidence have been closed, if this is required for a just decision; such recall to correct oversight or errors is not filling a lacuna in the prosecution case; oversight or mistakes can be rectified in the interest of justice.

Parties
Appellant: Rajendra Prasad; Respondent: The Narcotic Cell through its Officer Incharge, Delhi
Jurisdiction
India
Judgment Date
12 July 1999
Procedural Posture
Criminal Appeal / Appeal From Delhi High Court Judgment Dated 23.2.99 in Cr!. R. No. 64 of 1999
Outcome
appeal dismissed
Legal Topics
Criminal Procedure Code Section 311, Examination and Recall of Witnesses, Filling Lacuna in Prosecution Case
Criminal Law Criminal Procedure Code Section 311 Examination and Recall of Witnesses Filling Lacuna in Prosecution Case

Case Brief

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Parties

Rajendra Prasad

Appellant

The Narcotic Cell through its Officer Incharge, Delhi

Respondent

Procedural Posture

Criminal Appeal / Appeal From Delhi High Court Judgment Dated 23.2.99 in Cr!. R. No. 64 of 1999

Legal Issues

  1. 1 Whether a trial court can exercise its power under Section 311 CrPC to recall or re-examine witnesses after evidence has been closed, in order to fill a lacuna in the prosecution’s case

Ratio Decidendi

A court may recall or re-examine witnesses under Section 311 CrPC even after prosecution and defence evidence have been closed, if this is required for a just decision; such recall to correct oversight or errors is not filling a lacuna in the prosecution case; oversight or mistakes can be rectified in the interest of justice.

Court Disposition

appeal dismissed

Orders

  • The steps taken by the trial court for re-summoning witnesses are upheld and cannot be frowned at.