THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Revision Case No. 20 of 2010 Date: 02.02.2010 Between: K. Swamy .. Petitioner/Accused And The State of A.P., rep. by its Public Prosecutor, High Court premises, Hyderabad. .. Respondent/Complainant THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Revision Case No. 20 of 2010 Order: This Criminal Revision Case is directed against the orders dated 19.12.2009 passed by the II Additional Metropolitan Sessions Judge, Hyderabad, in Crl.M.P. No.449 of 2009 in S.C. No.313 of 2009, whereby and whereunder the petition, filed under Section 311 Cr.P.C by the petitioner herein seeking to recall PW.1, PW.2 and PW.6, was dismissed. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. Learned counsel for the petitioner submits that contradictory versions have been given by PWs.1 and 2 on various occasions. He submits that as seen from the contents of the complaint, basing on which FIR was issued, the de facto complainant had stated that his daughter left the house informing that she was going for work, but she did not go for work and her whereabouts were not known since then. He refers to the statement of the victim girl recorded by the Sub- Inspector of Police, P.S. Gandhinagar, under Section 161(3) Cr.P.C., wherein the victim girl stated that she left her apartment and reached the bus stand and left Hyderabad for Siddipet, where the petitioner/accused has received her and he made a promise that he is still a bachelor and took her to his house. He has also referred the statement said to have been made by the victim girl before the Court, wherein she alleges that the petitioner/accused closed her mouth with a kerchief and forcibly took her in the auto rickshaw stationed there. He has also referred to some other contradictions. The learned II Additional Metropolitan Sessions Judge, Hyderabad, has dismissed the application mainly on the ground that the statements recorded by the police under Section 161(3) Cr.P.C were supplied to the accused as early as in January 2007 and that if at all the petitioner/accused wanted to contradict the earlier statements with the statements made before the Court nothing prevented him. It is also observed that after the entire evidence was over and the accused was examined under Section 313 Cr.P.C and after obtaining three adjournments, the present application has been filed. The circumstances and facts referred by the learned II Additional Metropolitan Sessions Judge, Hyderabad, appear to be correct. He has also assigned valid reasons for dismissing the application. However, at the time of trial, the trial Court should be liberal and should give all opportunities to the prosecution or to the accused as the case may be and see that the doors are not closed for adducing evidence or for brining material contradictions or omissions on record. The parties may commit some mistakes. Even the advocates, representing the parties, also may be careless in some cases or due to over sight some mistakes might have been committed by them. Whatever it may be, ultimately, justice has to be done to the parties. When justice has to be done to the parties, the parties should be allowed to adduce entire evidence before the Court in accordance with law because no such opportunity would be available to the parties at the appellate stage or at the revisional stage. Though the law permits in certain cases to adduce evidence at the appellate stage, but it is a difficult course. In view of the same, I am of the considered view that the impugned order has to be set aside. Accordingly, the Criminal Revision Case is allowed and the impugned order is set aside. Consequently, the petition filed by the petitioner/accused in Crl.M.P. No.449 of 2009 in Sessions Case No.313 of 2009 stands allowed. However, the petitioner’s counsel shall not take unnecessary adjournments and shall complete the cross-examination of PWs.1, 2 and 6 as early as possible, preferably within two sittings. ______________________ B. CHANDRA KUMAR, J. Date: 02.02.2010 Nsr