TMI Blog2021 (7) TMI 1449X X X X Extracts X X X X X X X X Extracts X X X X ..... r under Section 311 cannot be used to fill in the lacunae in the prosecution evidence. Having regard to the peculiar facts of this case that the impugned order issuing witness summons for recalling the complainant and panch was passed after arguments were advanced and written submissions were filed, on the aspect of memory card not being proved, it was not permissible for the learned Judge to pass the impugned order. The same, in the facts, would clearly tantamount to filling up the lacunae in the case. It would also result in causing serious prejudice to the petitioner. The impugned order dated 2nd February 2021 passed by the learned Additional Sessions Judge, Pune, below Exhibit 1 in Special Case (ACB) No. 70 of 2015, is quashed and set-a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laced on record her written arguments. Learned counsel relied on the judgments in the cases of B.D. Goel v. Ebrahim Haji Husen Sanghani Ors. 2001 Cri.L.J. 450; Shankar Lotlikar v. PundalikVenktesh Verlekar AIR Online 2020 Bom 1359 and Nayana Rajan Guhagarkar v. The State of Maharashtra Cri. APL/1496/2016 dated 24/01/2018. 4. Learned A.P.P. opposes the application. 5. Perused the papers. The petitioner is facing prosecution for the offence punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act. After investigation, charge-sheet was filed as against the petitioner. The prosecution in support of its case, examined its witnesses. After prosecution closed its evidence, the statement of the petitioner was recorded und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was necessary to recall the witnesses for proving the said memory card. It is not in dispute that recording of evidence was over and so were the arguments advanced by the prosecution as well as the petitioner's advocate. As noted earlier, even written arguments were placed on record by the petitioner's advocate which document is also annexed as Exhibit 'C' to the petition. In point No. 6 at page 66 (written notes of arguments), specific defence has been taken. The relevant portion of point No. 6 reads as under: POINT NO. 6: TAPE RECORDER EVIDENCE That, in the present case the tape recorded conversation has not been played in the open court and the same was not heard by any witness and the voice has not been identified by any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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