Neha Begum vs State Of Assam – S 311 CrPC

Code Of Criminal Procedure,1973; Section 311 [BNSS,2023; Section 348] – Section 311 CrPC operates in two parts, the first part clothes the Court with a power to summon or examine any person in attendance or recall or re-examine any person already examined. The second part mandates that the Court shall summon and examine or recall and re-examine such person, if his evidence appears to be essential to the just decision of the case. Thus, first part of section gives a discretionary power to the Court to summon any person as a witness or to recall or re-examine the person already examined. Such a course of action is only permissible if the Court is satisfied that the prayer to recall and reexamine the witness is not made to fill in the lacuna and that the nonsummoning of the witnesses would cause a serious prejudice to the accused – Referred to Rajaram Prasad Yadav vs State of Bihar (2013) 4 SCC 461. (Para 7) [In this case, other than a vague aspersion that the erstwhile lawyer engaged by the petitioners did not conduct proper cross-examination of the witnesses, no such specific ground was alluded on behalf of the accused petitioners which could be considered to be a valid ground for the trial Court to invoke the power under Section 311 CrPC]

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