The Delhi High Court modified an ASJ order dismissing an application for recall of the child victim's mother, allowing the petitioner one opportunity to cross-examine her to ensure a fair trial under Section 311 Cr.P.C.
Trial Court to fix a date for the cross-examination of the mother of the child victim
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Through: Mr. Rohit Bhardwaj, Mr. Shiv Nath Sawhney and Mr. Himanshu Kaushal, Advocates.
versus
Through: Mr. Shoaib Haider, APP for State with WSI Rajesh PS North Avenue, Delhi. Ms. Sowjhanya Shankasan, Advocate for respondent No.2.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 26.09.2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 08:37:53
opportunity to cross-examine the aforesaid witness since the trial is still at the stage of prosecution evidence.
“16. Fair trial is the main object of criminal procedure, and it is
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 08:37:53
the duty of the court to ensure that such fairness is not hampered or threatened in any manner. Fair trial entails the interests of the accused, the victim and of the society, and therefore, fair trial includes the grant of fair and proper opportunities to the person concerned, and the same must be ensured as this is a constitutional, as well as a human right. Thus, under no circumstances can a person’s right to fair trial be jeopardized. Adducing evidence in support of the defence is a valuable right. Denial of such a right would amount to the denial of a fair trial. Thus, it is essential that the rules of procedure that have been designed to ensure justice are scrupulously followed, and the court must be zealour in ensuring that there is no breach of the same.”
MANOJ KUMAR OHRI, J
SEPTEMBER 26, 2024/ rd
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 08:37:53
2 issues framed by the court
Whether to allow recall of the mother of the child victim for cross-examination under Section 311 Cr.P.C.
What are the parameters for exercising powers under Section 311 Cr.P.C. to ensure fair trial and opportunity to adduce evidence.
Colour shows how this judgement treated each authority
Natasha Singh v. CBIExplained¶16
Natasha Singh v. CBI
1 provisions across 1 enactments
Ram Singh
State of NCT of Delhi
Manoj Kumar Ohri
As recorded by the court registry
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