TMI Blog1999 (7) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... The present case provides an occasion to decide the said question. Appellant is now facing trial along with certain other persons before a court of sessions for offences under Sections 21, 25 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985. Appellant is now on bail pursuant to an order granted by the High Court of Delhi. As the trial proceeded almost to the end when the prosecution and the defence closed their evidence on 19,9.1997, the case was posted for further steps. Nevertheless, subsequently, the case stood posted to some other days also. On 7.3.1998, at the instance of the prosecution two of the witnesses, who were already examined, were re-summoned for the purpose of proving certain documents for prosecution. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, in the interest of justice, I allow the application to the extent that P.W. 21 Dalip Singh be recalled for cross examination. The interest of justice demands that things should be clear before the Court to assist it to meet the ends of justice. 5. Appellant challenged the said order in revision before the High Court of Delhi. As it was an interlocutory order the question whether a revision was not maintainable as per Section 397(2) of the Code was not considered by the High Court. Nevertheless, the High Court entertained the revision and dismissed it as per the impugned order. According to the learned single judge who dismissed the revision there are certain circumstances which have been mentioned in the order of the sessions Judge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... answers from witnesses. The adage 'to err is human' is the recognition of the possibility of making mistakes to which humans are proved. A corollary of any such latches or mistakes during the conducting of a case cannot be understood as the lacuna which a court cannot fill up. 9. Lacuna in the prosecution must be understood as the inherent weakness or a latent wedge in the matrix of the prosecution case. The advantage of it should normally go to the accused in the trial of the case, but an over sight in the management of the prosecution cannot be treated as irreparable lacuna. No party in a trial can before-closed from correcting errors. If proper evidence was not adduced or a relevant material was not brought on record due to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision of the case demands it. In other words, where the court exercise the power under the second part, the inquiry cannot be whether the accused has brought anything suddenly or unexpectedly but whether the court is right in thinking that the new evidence is needed by it for a just decision of the case. 12. Chinnappa Reddy, J. has also observed in the same tone in Ram Chander v. State of Haryana 1981CriLJ609. 13. We cannot therefore accept the contention of the appellant as a legal proposition that the Court cannot exercise power of re-summoning any witness if once that power was exercised, nor can the power be whittled down merely on the ground that prosecution discovered latches only when the defence highlighted them during final a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
