Delhi Court recalls police witness after 9 years, 117 dates to conclude statement

New Delhi [India], July 29 : Delhi's Patiala House Court has allowed the recalling of a Police Head Constable (HC) for his further examination (statement) in a case related to the assault on police personnel during a raid in Sabzi Mandi area.
Following this, a case under sections related to attempt to murder, assault on police, etc., was registered by the special cell of the Delhi police.
The case was registered in 2011 by the special cell of Delhi police. Five accused have been facing trial. Two accused have expired during the pendency of the trial.
Previously, the witness was examined in March 2014. His further examination was deferred and was never called for further examination. Since then 9 years have expired and 117 dates (hearings) have taken place.
Additional Sessions Judge (ASJ) Devender Kumar Jangala on Friday allowed the application of Delhi Police seeking the recalling of witness HC Satish Kumar.
The court said that the further examination of Prosecution Witness (PW) HC Satish Kumar is necessary for the just and effective decision of the case as he is the material witness.
The court on July 28 considering all the facts and circumstances, allowed the present application.
"It appears that PW was not recalled for further examination due to wrong noting of the jimney (zimini) order," ASJ Jangala observed.
The court said that the perusal of the record reveals that HC Satish Kumar was examined on 20.03.2014 and as per the recorded evidence his further chief examination was deferred at the request of the prosecution that the CD was required to be played to confirm the authenticity of the transcript.
"However in the jimney (zimini) order of the said date i.e. 20.03.2014 it was inadvertently mentioned that the HC Satish Kumar is examined and discharged," the court said in the order.
The prosecution is allowed to recall HC Satish Kumar for concluding his examination in chief and cross-examination, the judge ordered on Friday.
However, the court made it clear that the prosecution shall ensure the presence of the witness on the next date, without any further delay as it is one of the oldest matters of the court.
"Be put up for further examination of HC Satish Kumar on 17.08.2023. PW HC Satish Kumar be summoned through IO for the next date. MHCM is also directed to produce the case property and CD on the next date. IO is also directed to remain present on the next date alongwith the device to play the CD recording," the court directed.
An application under Section 311 CrPC for recalling PW HC Satish Kumar is moved by Addl PP for the state.
It was submitted that while going through the case file, at the stage of final arguments, it is revealed that PW was lastly examined in the court on 20.03.2014 and his further examination in chief was deferred as CD was required to be played.
It was also stated that inadvertently thereafter HC Satish Kumar was never summoned for completing his deposition.
Delhi police prayed that HC Satish Kumar may kindly be summoned to complete his deposition.
On the other hand, the plea was strongly opposed by counsel for the accused persons on the ground that the prosecution has failed to disclose any justifiable explanation for such an inordinate delay as the said examination in chief was recorded on 20.03.2014.
Advocate Deepak Sharma argued that since 20.03.2014 till today 9 years have expired and 117 dates have taken place but the prosecution has miserably failed to take any steps to recall
PW.
It was also argued that at the end of the trial, all of a sudden the present application is moved by the prosecution. It was prayed that the application may kindly be dismissed with the imposition of heavy cost.
ASJ Jangala observed, "It is no doubt that there is an inordinate delay on behalf of the prosecution to move the present application, but at the same time it is the duty of the court to ensure that the best evidence should reach the court for just and effective decision of the case."