High Court invokes Section 311 CrPC, emphasizing the need for expert witness examination in the case of a mentally challenged victim's rape allegation.
In a significant judgment, the Allahabad High Court, under the bench of Justice Shree Prakash Singh, has set aside a trial court's order, thereby allowing the application filed under Section 311 of the Criminal Procedure Code (CrPC). The application was aimed at summoning key witnesses, including experts who assisted a mentally challenged victim in recording her statement, which introduced a rape allegation for the first time.
The application, filed by Gulzar Ali, sought the summoning of two experts, Ms. Kiran Shukla and Ms. Meenu Tiwari, who were instrumental in recording the victim's statement under Section 164 CrPC. The trial court had earlier rejected this application, citing reasons of delay and non-conclusiveness of evidence.
Justice Shree Prakash Singh emphasized the crucial role of these witnesses, stating that the refusal to examine them merely on grounds of potential inconclusiveness or procedural delays is unjust. The court highlighted that the victim's statement under Section 164 CrPC, with serious allegations of rape, was recorded with the assistance of these experts, marking their testimonies as essential for a just decision.
The judgment referenced the Supreme Court's stance in similar cases, noting that the age of a case should not override the necessity of ensuring all material evidence is presented, as established in the cases of "Manju Devi v. State of Rajasthan" and "Natasha Singh v. CBI (State)".
The High Court directed the trial court to reconsider the application afresh, underscoring the judiciary's responsibility to explore all relevant possibilities that might establish the innocence or guilt of the accused. The order mandates the trial court to decide on the matter within eight weeks, ensuring that the examination of the witnesses is not unduly delayed.
This judgment underscores the judiciary's commitment to ensuring fair trials by considering all relevant evidence, particularly in sensitive cases involving vulnerable victims.
Bottom line:-
Section 311 Cr.P.C. empowers the court to summon and examine or recall and re-examine any material witness at any stage of trial, provided it is essential for the just decision of the case.
Statutory provision(s):
Section 311 CrPC, Section 164 CrPC, Section 482 CrPC
Gulzar Ali v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2946286
