MANISH Vs. STATE OF M.P.

JUDGEMENT

(1.) ON consent heard finally at the admission stage itself. By the impugned order the trial Court (Xlth ASJ, Indore) has allowed application made by the prosecution under Section 311 of the CrPC for recalling the prosecutrix for re -examination.

(2.) ACCUSED -applicant is facing trial on the charges under Section 366 and 376 IPC. The prosecutrix girl aged about 16 years was examined, cross -examined and discharged on 7.10.1998. Her deposition revealed that she was repeatedly asked questions by the prosecution as also by the Court about the alleged rape, but she did not give any clear answer to those questions. It is for this reason that the prosecution made application under Section 311 of the CrPC for recalling the witness for her further examination to clarify the matrix of the prosecution charge under Section 376 IPC. It is well settled that provision of Section 311 cannot be availed of for filling lacuna left by the prosecution or the defence. The position is made clear by the Supreme Court in Rajendra Prasad 1999 SCC (Criminal) 1062, in following terms : -