Pooranmal Yadav v. State of Rajasthan, 2026

The petitioner was facing trial for the offence of repeated rape.

On the first date fixed for recording the statements of prosecution witnesses, the petitioner’s counsel was unable to appear due to illness.

An application was filed before the trial court seeking an opportunity to cross-examine the prosecution witnesses on a subsequent date.

The trial court rejected the application and closed the petitioner’s right of cross-examination.

Thereafter, the petitioner filed an application under Section 311 CrPC seeking recall of the prosecution witnesses.

The trial court dismissed the Section 311 application as well.

Aggrieved by these orders, the petitioner approached the Rajasthan High Court.

The High Court emphasized that cross-examination is a statutory and valuable right of the accused.

It observed that denial of cross-examination prejudices the defence and affects the fairness of the trial.

The Court held that the trial court failed to appreciate the scope and object of Section 311 CrPC.

It reiterated that Section 311 confers very wide powers on courts to summon, recall, or re-examine witnesses at any stage of the trial.

The Court found that recall of prosecution witnesses was necessary for a just and fair decision of the case.

Consequently, the orders of the trial court were interfered with.

The Court reinforced the principle that fair trial is a cornerstone of criminal jurisprudence.

It clarified that procedural technicalities should not override substantive justice.

The judgment highlights that Section 311 CrPC must be exercised judicially, but liberally when required to prevent miscarriage of justice.

The decision strengthens the accused’s right to defence and underscores that denial of cross-examination can vitiate the trial.

The ruling acts as a reminder to trial courts that wide discretionary powers exist to ensure justice, not to curtail rights.