1 hour ago
2
ARTICLE AD BOX
NEW DELHI: The Supreme Court has held that a rape subsister should not beryllium harassed with repeated calls to look successful tribunal during proceedings proceedings for transverse examination. A seat of Justices Dipankar Datta and Satish Chandra Sharma quashed an bid passed by Tripura HC which had allowed the accused’s plea to callback the subsister for introspection 4 years aft she was already cross-examined.
It said the prosecutrix had already been subjected to the ordeal of deposition and cross-examination connected 4 abstracted occasions earlier the proceedings court, successful summation to having her connection recorded during the probe and earlier the magistrate nether Section 164 of the CrPC and it was harsh to callback her 4 years aft she was cross-examined.“Directing callback would inflict further and unjustifiable hardship upon the prosecutrix.
The witnesses cannot beryllium expected to look the hardship of appearing successful tribunal repeatedly, peculiarly successful delicate cases. It tin effect successful undue hardship for the victims, particularly truthful of heinous crimes, if they are required to repeatedly look successful tribunal to look cross-examination,” SC said. HC had passed the bid to callback a subsister nether Section 311 of Criminal Procedure Code connected a plea filed by the accused. Noting that the exertion was filed aft 4 years from the completion of her cross-examination of the prosecutrix and capable crushed doesn’t beryllium for recalling the prosecutrix aft specified a prolonged delay, the tribunal allowed the plea of authorities govt which challenged the HC order.
Section 311 of the CrPC states that “any tribunal may, astatine immoderate signifier of immoderate inquiry, proceedings oregon different proceeding nether this code, summon immoderate idiosyncratic successful attendance, though not summoned arsenic a witness, oregon callback and re-examine immoderate idiosyncratic already examined; and the tribunal shall summon and analyse oregon callback and re-examine immoderate specified idiosyncratic if his grounds appears to it to beryllium indispensable to the conscionable determination of the case.The tribunal said the powerfulness conferred nether Section 311 undoubtedly is wide, and specified powerfulness is required to beryllium exercised sparingly and successful a judicious manner, and not arbitrarily.
“Mere reflection that callback was indispensable for ensuring a just proceedings is not capable unless determination are tangible reasons to amusement however the just proceedings suffered without recall. Recall is not a substance of course, and the discretion fixed to the tribunal has to beryllium exercised judiciously to forestall nonaccomplishment of justness and not arbitrarily,” it said, portion citing erstwhile orders.In this case, the prosecutrix was archetypal examined successful main and cross-examined connected June 4, 2018, followed by further cross-examination successful Aug 2018. Thereafter, the prosecution filed an exertion nether Section 311 CrPC seeking callback and re-examination of the prosecutrix. She was further examined and re-cross-examined successful Aug and Nov 2019. Four years later, the accused sought to callback her successful the witnesser box, which was rejected by the proceedings tribunal but allowed by HC.
SC, however, has present quashed the HC order.
