If Prosecution Fails To Examine Crucial Witness, Trial Court Must Question It : Supreme Court

The case concerns a criminal appeal where the Supreme Court reviewed the rejection of an application to examine crucial prosecution witnesses (the injured complainant, a doctor, and the Investigating Officer) after the trial had already commenced the examination of the accused under Section 313 CrPC.

Petitioner: Anil Singh @ Anil Kumar Singh; Respondents: The State of Bihar & Ors.; Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran.

• Leave granted.
• Set aside the order of the Additional District and Sessions Judge-II Gopalganj and the impugned order of the High Court.
• Restore the application under Section 311 CrPC before the Trial Court.
• Direct the Trial Court to definitely permit the examination of the injured witness, the medical officer, and the Investigating Officer.
• Direct the Trial Court to consider any other witnesses left out by the prosecution.
• Direct that witnesses be examined and proffered for cross-examination.
• Direct that Section 313 CrPC proceedings resume from the stage where they stopped, ensuring incriminating circumstances from new testimony are put to the accused.
• Appeal allowed.
• Pending applications disposed of.

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