HET RAM Vs. STATE & ANR.

JUDGEMENT

(1.) This criminal revision under Sec. 397/401 Crimial P.C. is directed against the order dated 10.11.2004 passed by Additional Sessions Judge, Nohar District Hanumangarh (for short 'the trial court' hereinafter) in Sessions Case No. 16/2002 whereby the trial court dismissed the application filed by accused petitioner under Sec. 311 Crimial P.C. (for short 'the Code' hereinafter).

(2.) I have heard learned counsel for the parties. Perused the order impugned. The accused petitioner was put to trial for the offences under Sec. 450 and 376 IPC. The allegation against the petitioner was that on the intervening night of 1st and 2nd July, 2000, while the non petitioner No.2 was sleeping in her house, at about 2.00 A.M., the petitioner entered her house by house break and committed rape on her. During investigation, non petitioner No.2, the prosecutrix was medically examined by Dr. Sushila Nehra. Accused petitioner Het Ram was also examined by the Medical Board comprising of Dr. B.L. Nehra, J.P. Swami and A.K. Verma to ascertain as to whether he is potent and capable to sexual intercourse. The Medical Board has filed the report and opined that in normal circumstances, accused petitioner is not capable of sexual intercourse. The report is on record. The prosecution for the reasons best known to them did not produce Dr. Sushila Nehra who medically examined the prosecutrix and any of the doctor from the medical board to prove the report. In the circumstances, therefore, the petitioner moved an application under Sec. 311 Crimial P.C. for summoning the members of the medical board as also Dr. Sushila Nehra who examined the non petitioner No.2 which came to be rejected by the impugned order dated 10.11.2004 on the ground of delay.

(3.) Sec. 311 Crimial P.C. pertains to the power of the court to summon material witness, or examine person present and provides that any court may, at any stage of inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case. Thus, it is clear that Sec. 311 Crimial P.C. allows the Court to invoke its inherent powers at any stage, so long as the Court retains seisin of the criminal prohibition. Needless to say that trial of any court reaches to its finality when the order or judgment is pronounced and until then the Court has power to invoke the provisions of Sec. 311 Crimial P.C.