Criminal Procedure Code, 1973 (CrPC) – Section 311 of course, does not intend to fill the lacunae in the prosecution’s case and cause any serious prejudice to the rights of an accused – If a witness turns hostile for extenuating reasons and is reluctant to depose the unvarnished truth, it will cause irreversible damage to the administration of justice and the faith of the society at large in the efficacy and credibility of the criminal justice system will stand eroded and shattered – Power to recall witnesses under Section 311 CrPC ought to be exercised sparingly and mere hostility by a witness, per se, would not be a sufficient ground to infer misuse of concession of bail.
SUPREME COURT OF INDIA DIVISION BENCH MUNILAKSHMI — Appellant Vs. NARENDRA BABU AND ANOTHER — Respondent ( Before : Surya Kant and Dipankar Datta, JJ. ) Criminal Appeal No. 3297…