The Court emphasized the necessity of judicial satisfaction in recalling witnesses, setting aside the Trial Court's order due to lack of adequate reasoning.
In a significant ruling, the Madras High Court, Madurai Bench, quashed an order by the Additional District and Sessions Judge, Fast Track Court, Kumbakonam, allowing the prosecution to recall an investigating officer in a murder trial. The High Court, presided by Justice L. Victoria Gowri, highlighted that the power to recall witnesses under Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), equivalent to Section 311 of the Criminal Procedure Code (Cr.P.C.), must be exercised with judicial satisfaction and only when the evidence is essential for the just decision of the case.
The case involves the petitioner Anbu, accused of murdering Venkatesan, a Regional Manager at UNILINK Company. The prosecution sought to recall the Investigating Officer (PW-14) to introduce additional documents such as call detail records and bank transaction details after the defense had exposed gaps in the prosecution's case.
The High Court found the Trial Court's order lacked adequate reasoning and failed to balance the rights of the accused against the prosecution's claims. Justice Gowri emphasized that the power to recall should not be used to fill gaps in the prosecution's case or cause prejudice to the accused. The Court underscored the principles of a fair trial under Article 21 of the Constitution, prohibiting the prosecution from having a second chance to repair its case unless indispensable for justice.
The ruling sets a precedent on the limits of recalling witnesses, reinforcing that such power is not unlimited and should not be exercised to confer an unfair advantage or to change the nature of the case. The High Court directed the Trial Court to proceed with the case expeditiously and in accordance with the law, without being influenced by any observations made on the merits of the case.
Bottom line:-
Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) corresponding to Section 311 Cr.P.C. - Recall of Investigating Officer (PW-14) for marking additional documents - Power of recall must be exercised with care, caution, and only if the evidence is essential to the just decision of the case. Recall cannot be used to fill up lacunae in the prosecution case or to cause prejudice to the accused.
Statutory provision(s): Section 348 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Section 311 of the Criminal Procedure Code (Cr.P.C.), Article 21 of the Constitution of India.
Anbu v. State of Tamilnadu, (Madras)(Madurai Bench) : Law Finder Doc id # 2928707
