Case Note & Summary
The Union of India filed a Criminal Revision Application challenging the judgment and order dated 5th April 2003 passed by the learned Special Judge in Special Case No.301 of 1999. The applicant had made an application at Exh.99 praying that the defence be called upon to admit or deny the genuineness of certain documents produced along with the application, or in the alternative, to permit the applicant to recall P.W.6, Ravindra Amritlal Rochlaney, for further examination. The learned Special Judge rejected the said application. The applicant submitted that when P.W.6 was examined, he proved his statement recorded by the Customs Officer at Exh.68 and another statement at Exh.65. The witness had produced before the Customs Officer copies of certain documents while his statement at Exh.65 was being recorded. The copies of the said documents were produced during the course of recording of the statement. The court noted that the documents were relevant and the witness had not been cross-examined on them. The court held that the trial court's rejection was erroneous and allowed the revision, setting aside the impugned order and directing the trial court to permit recall of P.W.6 for further examination and to call upon the defence to admit or deny the documents.
Headnote
A) Criminal Procedure - Recall of Witness - Section 311 CrPC - Power to summon material witness - The prosecution sought to recall P.W.6 to prove documents that were produced during his statement before the Customs Officer but not exhibited during trial. The court held that the trial court's rejection was erroneous as the documents were relevant and the witness had not been cross-examined on them. The court allowed the revision, setting aside the impugned order and directing the trial court to permit recall of P.W.6 for further examination and to call upon the defence to admit or deny the documents. (Paras 1-6)
Issue of Consideration
Whether the trial court erred in rejecting the application for calling upon the defence to admit or deny the genuineness of documents, or in the alternative, to recall P.W.6 for further examination.
Final Decision
The Revision Application is allowed. The impugned Judgment and Order dated 5th April 2003 passed by the learned Special Judge in Special Case No.301 of 1999 is set aside. The Application at Exh.99 is allowed. The learned Special Judge is directed to call upon the defence to admit or deny the genuineness of the documents produced along with the Application at Exh.99. In the alternative, the learned Special Judge is directed to permit the Applicant to recall P.W.6 for further examination. The learned Special Judge shall decide the question of costs while disposing of the Application at Exh.99.
Law Points
- Recall of witness for further examination
- Section 311 CrPC
- Power of court to summon material witness
- Admission/denial of documents
- Fair trial
Case Details
2005 LawText (BOM) (07) 106
Criminal Revision Application No.160 of 2003
Shri Raja Thakare for the Applicant, Ms.M.M.Deshmukh, A.P.P. for Respondent No.2
Raymond Ishola Yusuf, The State of Maharashtra
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Nature of Litigation
Criminal Revision Application challenging the rejection of an application for recall of a witness and admission/denial of documents.
Remedy Sought
The applicant (Union of India) sought to set aside the impugned order and permit recall of P.W.6 for further examination or call upon the defence to admit or deny the genuineness of documents.
Filing Reason
The trial court rejected the application at Exh.99 filed by the prosecution for calling upon the defence to admit or deny documents or to recall P.W.6.
Previous Decisions
The learned Special Judge rejected the application at Exh.99 by judgment and order dated 5th April 2003 in Special Case No.301 of 1999.
Issues
Whether the trial court erred in rejecting the application for calling upon the defence to admit or deny the genuineness of documents?
Whether the trial court erred in rejecting the alternative prayer for recalling P.W.6 for further examination?
Submissions/Arguments
The learned Counsel for the Applicant submitted that when P.W.6 was examined, he proved his statement recorded by the Customs Officer at Exh.68 and another statement at Exh.65. The witness had produced before the Customs Officer copies of certain documents while his statement at Exh.65 was being recorded. The copies of the said documents were produced during the course of recording of the statement.
Ratio Decidendi
The court held that the trial court's rejection of the application was erroneous as the documents were relevant and the witness had not been cross-examined on them. The court has power under Section 311 CrPC to summon and examine any person as a witness or recall and re-examine any person already examined if his evidence appears to be essential for the just decision of the case.
Judgment Excerpts
The learned Counsel for the Applicant submitted that when P.W.6 was examined, he proved his statement recorded by the Customs Officer which is at Exh.68 and one more statement recorded which is at Exh.65.
The copies of the said documents were produced during the course of recording of the statement.
Procedural History
The Union of India filed an application at Exh.99 before the learned Special Judge in Special Case No.301 of 1999 seeking to call upon the defence to admit or deny documents or to recall P.W.6. The learned Special Judge rejected the application on 5th April 2003. The Union of India then filed Criminal Revision Application No.160 of 2003 before the High Court of Judicature at Bombay. The High Court heard the matter on 10th June 2005, 1st July 2005, 15th July 2005, and finally on 18th July 2005, when the judgment was delivered.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 311
