Criminal lawyer: the application to examine/ re examine/ recall witness under section 311 CrPC cannot be dismissed on the ground of pendency of the trial from last 8 to 9 years; SC.- 09:00
Supreme Court of India
Justice Dinesh Maheshwari
The Supreme Court of India in the case titled as "Manju Devi Vs State of Rajasthan and another" was considering Section 311 CrPC, which is for examination/ re examination/ recall of the witness, which power is with the court to get the evidence, which is required for deciding the case and to keep the record of the case straight.
In the present case the trial court as well as High court had dismissed the application under Section 311 CrPC by holding that the matter is pending for last 8-9 years, therefore, the application for examining the doctor by video conferencing, who is in Nigeria and who conducted the postmortem, cannot be entertained and was dismissed.
The Supreme Court deprecated the practice of the trial court, and the judgement of the High Court for the reason assigned while dismissing the application, that is, the pendency of the matter from last 8-9 years. The Court further held that section 311 CrPC are to ensure that every necessary and appropriate measure is taken by the court to keep the record of that case straight. Accordingly the application under section 311 CrPC was allowed by the supreme court while setting aside the order of the high court and as well as the trial court, and the doctor was allowed to be examined through video conferencing who conducted the postmortem in Nigeria.