Code of Criminal Procedure, 1973–Sec. 311 [Corresponding Sec. 348 of BNSS, 2023]–Allowing of the application by the High Court–Prosecutrix was subjected to detailed and extensive cross-examination by the defence across several hearings, spread over a considerable period of time–The respondent got ample opportunities to examine her, and to test the veracity of her deposition–Inordinate delay in filing the application–By the time, the recall application was moved, 19 prosecution witnesses had already been examined, and the trial had substantially progressed–The defence was aware of the said material and had adequate opportunity to examine the prosecutrix with reference thereto–The witness cannot be expected to face hardship of appearing in the Court repeatedly, particularly in sensitive cases–Held, the order is liable to be set aside.
