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Issues involved:
The judgment deals with the issue of whether a trial court can permit filling up lacuna in prosecution evidence and the interpretation of lacuna in a prosecution case. Details of the judgment: Issue 1: Lacuna in prosecution evidence The appellant was facing trial for offences under the Narcotics Drugs and Psychotropic Substances Act. The trial court allowed the prosecution to re-examine witnesses, including PW-21, in order to fill up perceived lacunae in the case. The High Court dismissed the revision challenging this order, stating that circumstances mentioned by the sessions Judge justified the decision. Issue 2: Power of the court under Section 311 of the CrPC The appellant contended that the trial court misused its power under Section 311 of the CrPC by allowing the prosecution to re-examine witnesses to fill up lacunae. The defense highlighted that certain witnesses were not cross-examined, leading to gaps in the prosecution's case. Reference was made to a previous judgment cautioning against filling up lacunae in the prosecution case. Conclusion: The Supreme Court held that the court has the power to summon or recall witnesses at any stage if necessary for a just decision. The court emphasized that a lacuna in prosecution should not be equated with oversight or mistakes, and the court can allow rectification of errors in the interest of justice. The judgment dismissed the appeal, affirming the trial court's decision to permit re-summoning of witnesses to address perceived lacunae in the case.
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