POPATLAL JETHABHAI SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Revision Application is filed by the applicant/accused Popatlal Jethabhai Shah, being aggrieved by the order dated 8-11-2000 passed by the III Addl. Sessions Judge, Kalyan, whereby his application for recalling of all seven prosecution witnesses for further cross-examination was rejected by him.

(2.) THE accused is facing trial for offence punishable under section 376 of I. P. C. It appears from the proceedings that all the seven prosecution witnesses have been examined. Their cross-examination is over. At this stage, the accused made an application dated 28-1-2000 praying for recalling of all the prosecution witnesses for further cross-examination whose deposition was already over. It was contended in the said application that the Advocate Mr. Kotwal, whom the accused himself had appointed as per his own choice to represent him, could not cross-examine the prosecution witnesses effectively and certain material contradictions remained to be brought on record. It was stated that in the absence of certain material, which has remained to be brought on record, case of accused would be seriously prejudiced and therefore, he be permitted to recall all the prosecution witnesses as he is facing the serious charge of section 376 (2) (f) of Indian Penal Code.

(3.) THE learned Addl. Sessions Judge by his reasoned order and after hearing both the sides, rejected the said application of recalling the prosecution witnesses on this ground, and, in my opinion, rightly so. Section 311 of Cri. P. C. 1973 states as follows :