LexRAMA PASWAN AND ORS. versus STATE OF JHARKHAND
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RAMA PASWAN AND ORS. v. STATE OF JHARKHAND APRIL 13, 2007 [DR. ARIJIT PASA Y AT AND D.K. JAIN, JJ.] Penal Code, 1860; Ss. 376/Code of Criminal Procedure, 1973; Ss. 311, 313 and 320: .. Criminal trial: Rape-Examination of witnesses-Recording of evidence-Recalling of victim for further examination at the stage of argument on the ground that A B c the dispute settled outside the Court-S.311 Cr. P.C.-Scope and abmit of- Held: In terms of provisions under Section 3ll Cr.P.C. a duty is cast upon D the <;ourt to arive at the truth by all lawful means including examination of witnesses by calling any such witnesses-The object is that there may not be failure of justice on account of mistake of either party in bringing the valuable evidence on record leaving ambiguity in the statement of the witness/ witnesses examined-Since a very wide discretion is conferred on the Court on summoning the witnesses, it is required to be exercised judiciously- E Besides, in terms of cardinal rule in law of evidence, the best available evidences should be brought before the Court-Though, the Court is not empowered to compel either the prosecution or the defence to examine any particular witness/witnesses, but the Courts often have to depend on intercepted allegations made by the parties on inconclusive inference drawn F from facts elicited in the evidence-In such cases, Courts have to act under the second part of Section 311 Cr.P.C.-Since offence u/s. 376 !PC is not compoundable in terms of S. 320 Cr.P.C., Courts below rightly rejected the prayer for calling the victim/PW4 for re-examination-Evidence Act, 1872. An F.l.R. was lodged by the informant alleging that accused committed G rape of PW 4, the victim. The dat~ of occurrence was stated to be 30.5.1992. The charge sheet was filed by the Police on 29.9.1994. Trial Court had ,} examined witnesses after framing of charges from 1994 to 2004. On 18.5.2004 the trial court directed the production of further witnesses, if any. 83 H 84 SUPREME COURT REPORTS [2007) 5 S.C.R. A Since no prosecution witness was present on 18.5.2004, 28.5.2004 and 10.6.2004, evidence of prosecution was closed. The statement of accused f persons was recorded under Section 313 of the Code of Criminal Procedure, 1973. The evidence of the defence witnesses was recorded between 25.6.2004 and 13.12.2004. At the stage of argument, an application purported to be under B Section 311 of the Code was filed for recalling the victim for further cross examination on the ground that the parties have settled the dispute outside the Court and also the informant could not identify the persons as crime was committed in darkness. The trial court dismissed the application. Later, an application in terms of Section 482 Cr.P.C. was filed before the High Court - which was dismissed by the impugned order. Hence the present appeal. c Appellant contended that when parties have settled the disputes, continuance of the proceeding would not be in the interest of the justice and the High Court should have exercised jurisdiction under Section 482 of the Code. D Dismissing the appeal, the Court HELD: 1.1. In terms of Section 31 t Cr.P.C., there is a duty cast upon the court to arrive at the truth by all lawful means and one of such means is the examination of witnesses of its own accord when for certain obvious reasons either party is not prepared to call witnesses who are known to be in E a position to speak important relevant facts. [Para 71 (88-A] 1.2. The object underlying Section 311 of the Code is that there may not be failure of justice on account of mistake of either party in bringing the valuable evidence on record or leaving ambiguity in the statements of the witnesses examined from either side. The determinative factor is whether it F is essential to the just decision of the case. [Para 8) [88-B) ' '. 1.3. Section 311 Cr.P.C. is a general section which applies to all proceedings, enquiries and trials under the Code and empowers the Magistrate to issue summons to any witness at any stage of such proceedings, G trial or enquiry. The significant expression that occurs is "at any stage of any inquiry or trial or other proceeding under the Code." It is, however, to be ~ borne in mind that whereas the section confers a very wide power on the court on summoning witnesses, the discretion conferred is to be exercised (_ judiciously, as the wider the power the greater is
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