PANAJI
A 2014 murder trial witnessed a fresh development with the Additional Sessions Court permitting the prosecution to examine a police constable and place on record a station diary entry allegedly reflecting the accused’s movements on the day of the incident.
Additional Sessions Judge Dvijple Patkar allowed the prosecution’s application under Section 311 of the Code of Criminal Procedure, observing that the proposed testimony could throw light on the conduct of the accused immediately after the alleged murder and that no prejudice would be caused to the defence as it would have full opportunity to cross-examine the witness.
As per the prosecution, the accused had gone to the Keri Police Outpost on the date of the murder to lodge a complaint, and the information provided by him was recorded in the station diary by Constable Tushar Melekar. While an extract of the diary was already on record, the constable himself had not been cited as a witness in the original list.
The prosecution argued that the constable’s testimony was necessary because it could shed light on the accused’s conduct immediately after the alleged incident, and that denying such examination would cause serious prejudice to its case.
The defence opposed the plea, contending that the prosecution was attempting to fill lacunae in its evidence after several witnesses had already been examined since the charge sheet was filed in 2014. The defence also argued that allowing a new witness at this stage would be prejudicial to the accused.
However, the court rejected the objection, observing that the station diary is not a new document but has been in the police records since the inception of the case.
“The examination of the police constable appears to be essential for the just decision of the case as the evidence that he would tender might highlight the conduct of the accused post-occurrence of the alleged incident,” the court noted.
The court further held that no prejudice would be caused to the accused, as he would be given a full opportunity to cross-examine the witness and challenge the document.
