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TMI Blog2023 (8) TMI 1447X X X X Extracts X X X X X X X X Extracts X X X X ..... he other accused committed robbery and thereby snatched away a gold chain weighing 16 grams belonging to PW1. The petitioner was riding the two-wheeler on which accused No. 1 was riding pillion. 4. PW1 is the defacto complainant. She is the only occurrence witness. The prosecution examined PWs 1 to 15 and proved Exts.P1 to P27. 5. The learned Assistant Public Prosecutor, thereafter, filed an application under Section 311 of Cr.P.C to recall PW1, stating the reason that she omitted to identify accused No. 2. The learned Assistant Public Prosecutor asserted that there was no evidence to identify accused No. 2 and identification of the accused is very much essential for the just decision of the case. 6. The petitioner challenged the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er under Section 311 of Cr.P.C. 12. The prosecution allegation is that the petitioner and the other accused committed robbery on 12.1.2022 at 5 a.m. It is alleged that accused No. 1, in this case, snatched away the gold chain that belonged to PW1, and at the relevant time, he was riding pillion on a motorbike ridden by the petitioner. 13. PW1 is the only witness to the incident proper. At the time of her examination, the learned Assistant Public Prosecutor asked her whether she could identify the accused. On the date of her examination, the petitioner and accused No. 1 were in the box. The witness identified accused No. 1 alone. Even though a specific question was put to the witness regarding the identification of the accused, she failed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case against either of the parties. The Court has very wide power to examine any witness it likes for a just decision in the case. The wide discretionary power upon the Court in this respect is to be exercised judicially and not arbitrarily. The Court shall suggest, by itself that it was in fact, essential to examine a witness or to recall him for further examination in order to arrive at a just decision on the case. The provision is to determine the truth and to render a just decision after discovering all relevant facts and obtaining proper proof of such facts. The Section essentially is intended to ensure that every necessary and appropriate measure is taken by the Court to keep the record straight and to clear any ambiguity insofar as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. A fair trial is the main object of the criminal procedure and such fairness should not be hampered or threatened in any manner as it entails the interest of the accused. 20. This Court had an opportunity to consider a similar situation in K.V.Vijyadas v. State of Kerala . In Vijyadas (Supra) this Court was considering a situation where evidence was reopened to recall a witness to identify the accused in Court. This Court held that serious prejudice would be caused to the accused by recalling a witness for the purpose of identification alone as it would lead to making up the inherent weakness of the case and unfair advantage to the prosecution. 21. Another aspect that requires consideration is the delay in filing the application seekin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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