Prosecutrix vs State Of Nct Delhi &Anr.;
2016 Latest Caselaw 1146 Del

$-3
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                DECIDED ON : 12thFEBRUARY, 2016

+     CRL.M.C.122/2016 & CRL.M.A.Nos.514/2016 & 515/2016
      PROSECUTRIX                                ..... Petitioner.
                     Through : Ms.Vrinda Grover, Advocate with
                               Ms.Ratna Appnender, Advocate.
                     versus
      STATE OF NCT DELHI &ANR.                   ..... Respondents
                     Through : Ms.Richa Kapoor, ASC with
                               Mr.Raghvinder Varma, APP.
                               Ms.Nitya Ramakrishnan, Advocate
                               with Mr.Ashwath Sitaraman,
                               Mr.Shivanshu Singh &
                               Mr.Prashanto Sen, Advocates for
                               R2.
                               W/SI Seema.
      CORAM:
      HON'BLE MR. JUSTICE S.P.GARG
S.P.Garg, J. (Oral)

1. Present petition under Section 482 Cr.P.C. has been filed by

the petitioner 'X' (assumed name) to challenge the legality and

correctness of an order dated 09.12.2015 of learned Addl. Sessions Judge

declining to recall PW-12 (Ashish Singh) under Section 311 Cr.P.C. for

re-examination by the learned Addl. Public Prosecutor. Petition is

contested by respondent No.2. Status report is on record. Learned Addl.

Standing Counsel for the respondent / State has supported the petitioner.

2. I have heard the learned counsel for the parties and have

examined the file. It is a matter of record that the respondent No.2 is

facing trial in SC No.118/2015 arising out of FIR No. 273/2015 registered

under Section 376 IPC at PS New Friends Colony. The said FIR was

lodged on the petitioner's complaint. The prosecution examined PW-12

(Ashish Singh) on 08.10.2015. After the cross-examination was over,

learned Addl. Public Prosecutor wanted to reexamine the witness as

certain new facts had emerged in his evidence. Learned Trial Court

declined the request. Subsequently, an application under Section 311

Cr.P.C. read with Section 138 Indian Evidence Act for the purpose of

recalling and re-examining PW-12 (Ashish Singh) was moved. By the

impugned order, it was dismissed.

3. During the course of arguments, learned counsel for the

parties agreed that PW-12 (Ashish Singh) be recalled for re-examination

without prejudice to their respective rights / claims. It was further agreed

that learned Addl. Public Prosecutor shall re-examine PW-12 (Ashish

Singh) on certain facts revealed by the witness in his examination. It was

agreed that the witness shall be re-examined regarding (a) timings

mentioned in the evidence as PW-12; (b) the fact that before the

prosecutrix left the house of the accused, she hugged him and said bye to

them and (c) the text message incorporated in the evidence purportedly

sent to the witness's wife from the accused's house. It was further agreed

that Addl. Public Prosecutor will be at liberty to put 'suggestions' as

deemed fit to the witness.

4. Considering the facts and circumstances of the case, PW-12

(Ashish Singh) shall be recalled for re-examination by learned Addl.

Public Prosecutor on the date fixed i.e. 22.02.2016. Learned Addl. Public

Prosecutor will be at liberty to re-examine him on the facts mentioned

above and put suffestions as deemed fit. This is without prejudice to the

rights / claims of the parties.

5. The revision petition stands disposed of in the above terms.

Pending applications also stand disposed of.

6. Copy of the order be sent to the Trial Court for information

immediately. Copy of the order be given 'dasti' to the petitioner as well as

respondent No.2.

                                                      (S.P.GARG)
FEBRUARY           12, 2016 / tr                        JUDGE