Power Under Section 311 CrPC Cannot Be Invoked to Fill Lacunae in Defence, Order to Recall Rape Victim for Cross-Examination Quashed: Supreme Court

The Supreme Court has held that powers under Section 311 of the Code of Criminal Procedure, 1973 (CrPC) cannot be used merely to fill gaps or lacunae in the defence case. The Court set aside a Tripura High Court order which had permitted further cross-examination of a rape victim after a delay of nearly four years. The Supreme Court observed that repeated cross-examination of victims in sensitive criminal cases causes…