The provision of recalling witnesses under the Code of Criminal Procedure (CrPC) cannot be used for plugging loopholes in a case, a Delhi court has said while rejecting a plea to re-examine the alleged victim by the man accused of molesting her.
The court made the observation while dismissing the plea of the man, accused of molesting and threatening a woman in 2014, seeking her recall on the ground that during cross- examination, his counsel did not ask her about the previous enmity between her husband and him.
The court, while rejecting his plea, also noted that there was a delay in filing the application to seek recalling of the complainant and that her cross-examination was already complete.
"In view of the contents of the cross?examination of the complainant and delay in filing the application under section 311 of CrPC, the court does not find any ground to allow the revision petition for recalling the complainant for further cross-examination.
"The provision under section 311 of CrPC cannot be used for plugging the loopholes, if any," Additional Sessions Judge Vrinda Kumari said.
The court also rejected his submission that due to change in counsel, his petition be allowed.
"Change of counsel cannot be a ground to invoke provision of section 311 of CrPC where the previous counsel has already cross?examined the witness," it said.
Challenging a February 15 order of a magisterial court rejecting his plea for re-examination of the woman, the accused claimed that there was a property dispute between him and the complainant's husband which gave rise to this molestation complaint.
The woman was not asked about this dispute by his counsel during cross-examination, he claimed while seeking a?last and final?opportunity?to?cross-examine the complainant.
The court, however, said the cross?examination of the complainant "makes it amply clear that counsel for the accused had put suggestions to the complainant that would show a pre- existing dispute between the parties".
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