SUNIL Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) Petitioner - the 1staccused in S.C.No.118/2018 of the Sessions Court, Ernakulam - seeks to recall Prosecution Witness Nos.112 and 183, who were examined as early as on 26/2/2021 and 10/9/2021 respectively. The application of the 1staccused in this regard under Sec. 311 Cr.P.C was dismissed by the learned Sessions Judge, vide Annexure-A2. Being aggrieved by the same, the petitioner seeks to set aside Annexure-A2 Order and to allow Annexure-A1 application under Sec. 311 Cr.P.C.

(2.) Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor. Perused the records.

(3.) S.C.No.118/2018 is the infamous case, where an actress was allegedly abducted and sexually assaulted by the accused persons, in a moving car. The offences alleged are under Sec. 120B, 109, 342, 366, 354, 354B, 357, 376D, 201, 212, read with Sec. 34 of the Penal Code and also Ss. 66E and 66A of the Information Technology Act. Altogether, 261 witnesses were examined in the subject Sessions Case and Exts.P1 to P833 were marked on behalf of the prosecution. Exts.C1 to C68 were marked as Court Exhibits. MOs 1 to 142 were identified. Exts.D1 to D221 were marked on behalf of the defence. The prosecution evidence was closed on 13/9/2024. The accused were questioned under Sec. 313 Cr.P.C, whereafter, the case was posted for defence evidence. It is at that point of time, Annexure-A1 application was filed on 30/11/2024 by petitioner's counsel under Sec. 311 Cr.P.C seeking to recall PWs 112 and 183 of whom, the former was examined on 26/2/2021 and the latter, on 10/9/2021. Both PWs 112 and 183 are expert witnesses, the former being a doctor, who collected samples for forensic examination; and the latter, the Assistant Director of the Forensic Science Laboratory. The specific ground urged was that the petitioner/A1 was in judicial custody during the course of trial and he was released only on 20/9/2024, wherefore, the learned counsel for the petitioner could not take proper instructions for cross-examining the said witnesses.