Code of Criminal Procedure, 1973–Sec. 391–Witness was ordered to be summoned at the appellate stage on the ground of disclosure by him in a book written by him–It is not the case of prosecution that the police team had not visited the place of occurrence on 21.08.2013–Case of prosecution as held by trial Court is that the victim was not tutored and version as to detail of the Kutiya was narrated by her to police without being inside the room or the bathroom–Findings of Trial Court are based on detailed examination of victim and Investigation Officer–Whether the findings are correct, will be tested in the appeal and impugned judgment to summon and examine the witness A as a court witness cannot be sustained on the ground that he puportely recorded a video on his mobile phone–Victim and Investigation Officer have been subjected to lengthy examinations over a prolonged period on eleven occasions–The attempt is to re-open the entire case and seek re-examination of these witnesses at the appellate stage–Impugned judgment is liable to be set aside.
