MP High Court: No Recalling Victim for Cross-Examination Post-DNA Report

The Madhya Pradesh High Court has clarified a significant point of criminal procedure, stating that a complainant cannot be recalled for further cross-examination after their evidence has been recorded and they have already undergone cross-examination. This ruling comes into effect even if a DNA report is received subsequently.

The court emphasized that the right to recall a witness for further questioning is not absolute and cannot be exercised merely because a new piece of evidence, such as a DNA report, has emerged after the initial stages of the trial. The established legal procedure dictates that once a witness's testimony is concluded, they cannot be summoned again for re-examination without strong justification beyond the mere availability of new forensic results.

This judicial pronouncement aims to streamline the trial process and prevent undue delays. It underscores the importance of concluding witness examination at the appropriate juncture, ensuring that all necessary questioning occurs during the initial cross-examination phase.