Case Note & Summary
The petitioner, Shri Santhosh Shet, accused No.1 in S.C. No.56/2021 pending before the Additional District and Sessions Judge and Fast Track Special Judge, Davangere, challenged two orders passed by the trial court. The first order dated 09.01.2024 permitted the prosecution to mark additional material on record and allowed recalling of PW-3 for further cross-examination to demonstrate contents of a compact disc. The second order dated 11.06.2024 permitted recalling of PW-1 and PW-2 for further examination. The petitioner sought quashment of the entire trial. The case arose from a complaint by the second respondent, cousin brother of the victim, alleging that the petitioner, a tuition teacher, raped his student (victim) when she was in 8th standard, recorded the act on his mobile phone, and threatened her. The prosecution examined witnesses including PW-1 (victim), PW-2 (complainant), and PW-3 (investigating officer). After the defence closed its evidence, the prosecution sought to recall witnesses and mark additional material. The High Court held that the trial court's orders were without jurisdiction and caused prejudice to the accused. The court noted that the prosecution had ample opportunity to present evidence earlier and that recalling witnesses after defence closure without valid grounds violated fair trial principles. The court also observed that the additional material was not properly introduced and the procedure under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was not followed. Consequently, the High Court quashed the entire trial proceedings, setting aside both impugned orders.
Headnote
A) Criminal Procedure - Recalling of Witnesses - Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 - The trial court permitted recalling of PW-1, PW-2, and PW-3 after the defence had closed its evidence, without recording any valid reasons or showing that the evidence was essential for just decision. Held that such recall is impermissible as it causes prejudice to the accused and violates principles of fair trial (Paras 10-15). B) Criminal Procedure - Additional Evidence - Marking of Documents - The trial court allowed the prosecution to place additional material on record after the defence had closed its evidence, without following the procedure under Section 528 BNSS. Held that additional evidence cannot be permitted at a belated stage without proper justification and opportunity to the accused (Paras 16-20). C) Criminal Trial - Quashment of Proceedings - Articles 226 and 227 of Constitution of India - The High Court, in exercise of its writ jurisdiction, quashed the entire trial proceedings in S.C. No.56/2021 pending before the Additional District and Sessions Judge and Fast Track Special Judge, Davangere, as the cumulative effect of the impugned orders rendered the trial unfair and prejudicial to the accused. Held that the trial court's orders dated 09.01.2024 and 11.06.2024 are set aside and the trial is quashed (Paras 21-25).
Issue of Consideration
Whether the trial court's orders allowing recall of prosecution witnesses and marking additional material after closure of defence evidence are legally sustainable and whether such orders warrant quashment of the entire trial.
Final Decision
The High Court allowed the writ petition, quashed the orders dated 09.01.2024 and 11.06.2024 passed by the Additional District and Sessions Judge and Fast Track Special Judge, Davangere in S.C. No.56/2021, and quashed the entire trial proceedings.
Law Points
- Criminal Procedure
- Recalling of witnesses
- Additional evidence
- Fair trial
- Section 528 BNSS
- Articles 226 and 227 of Constitution of India
