Supreme Court of India

P. Sanjeeva Rao v. The State of A.P.

Neutral citation

Reported as [2012] 6 S.C.R. 787

Bench T.S. Thakur and Gyan Sudha Misra JJ.

Decided 2 July 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that on a parity of reasoning and looking to the consequences of denial of opportunity to cross-examine the witnesses, we would prefer to err in favour of the appellant getting an opportunity rather than protecting the prosecution D against a possible prejudice at his cost.

Judgment, page 16

From the headnote

Code of Criminal Procedure, 1973 - ss. 311 and 242 - Extent and scope of the power of the Court to recall witnesses - Prosecution for offences punishable u/ss. 7 and 13(1) rlw 13(d) of the Prevention of Corruption Act - Around the time the prosecution concluded its evidence, accused-appellant filed petition u/ss. 242 and 311 CrPC for recall of PW 1- complainant and PW2 (an independent witness) for cross examination - Plea of appellant that cross-examination of PWs 1 and 2 had been deferred till such time the Trap Laying Officer (PW 11) was examined by the prosecution and since the said

Authorities it was built on

2012 Maria Margarida Sequeria Fernandes and Others v. Erasmo Jack De Sequeria(dead) through L.rs. cited by 12
2008 Hanuman Ram v. The State of Rajasthan and Ors. cited by 3
2002 Sarwan Singh v. State of Punjab cited by 1

Where later benches applied it

2013 Natasha Singh v. Cbi (state) relied on
2016 State of Haryana v. Ram Mehar & Others Etc. Etc. referred to
2015 Ag v. Shiv Kumar Yadav &anr. referred to
2014 Mannan Sk & Ors. v. State of West Bengal & Anr. referred to
2013 Rajaram Prasad Yadav v. State of Bihar & Anr. referred to

Of those, 1 relied on · 4 referred to

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