Summary
The Supreme Court allowed the prosecution to recall two witnesses to place the electricity company Board’s approval for prosecution on record in a corruption trial. The essential question under Section 311 CrPC was whether the proposed evidence was necessary for a just decision; the age of the trial could not alone justify rejection. The accused retained the right to cross-examine the witnesses, and the evidentiary objections and merits of sanction were left to the trial judge.
Issues
- Whether the prosecution should be permitted to recall witnesses at the argument stage to prove the Board’s approval relevant to the disputed prosecution sanction.
Provisions considered
- Section 311, Code of Criminal Procedure, 1973Recall was warranted to introduce material relevant to the disputed sanction; essentiality to a just decision, rather than delay alone, governed the application. (¶ 13-16)
Held
- The power to summon or recall witnesses extends to any stage, but must be exercised judicially. The governing test is whether the evidence is essential to a just decision, with safeguards against unfair advantage or prejudice. (¶ 13-14)
- The proposed Board-approval document directly concerned the defence challenge to the Chairman’s authority to grant sanction. The prosecution’s request to prove it should have been allowed; the length of the proceedings did not itself justify rejection. (¶ 14-16)
- The accused must be permitted to cross-examine the recalled witnesses. Objections concerning the document and previous testimony remained for evaluation by the trial judge; the Court did not decide their merits. (¶¶ 12, 16)
- The trial was directed to be completed by 31 July 2021. (¶ 17)
Result
Appeals allowed; High Court order set aside and prosecution applications to recall PWs 1 and 11 allowed, with liberty to the accused to cross-examine them.