GULZAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is seeking quashing of order dtd. 13/10/2021 vide which an application filed by him under Sec. 311 Cr.P.C. before the trial Court for recalling of PW-8 in case FIR No.74 dtd. 30/6/2018 registered under Ss. 363, 366-A and 376 IPC and Ss. 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 at Police Station Koom Kalan, Ludhiana, was dismissed.

(2.) Learned counsel for the petitioner inter alia contends that PW8-Kuldeep Singh who had prepared the site plan of the occurrence in question could not be cross-examined before the trial Court with regard to Mark A (where the alleged occurrence took place) and Mark B (from where the petitioner was arrested), due to rush of work of the counsel representing him before the trial Court. Learned counsel submits that the trial Court thus gravely erred in not appreciating that for a just decision of the case, wide powers which had been vested in it ought to have been exercised, more so when the trial was still underway.

(3.) Heard and perused the material on record.The discretion under Sec. 311 Cr.P.C. to recall a witness for his further examination, no doubt is wide, however, it has to be exercised with a great deal of circumspection and only if some strong and compelling reasons have been brought forth.