While allowing an application under Section 311 CrPC at the "fag end" of a POCSO trial, the Rajasthan High Court held that the purpose of the provision is not to favour or disfavour the prosecution or the accused, but to naturally unravel the truth to exercise just decision in a case. [2026 LiveLaw (Raj) 263]

Section 311 CrPC empowered the courts to summon, recall, or re-examine any witness or any material, at any stage of an inquiry or trial.

The petitioner is accused in a POCSO case in which the birth-year of the prosecutrix was relied upon based on her admission form for Class 4^th which mentioned 2001.

However, it was alleged by the petitioner that as per the mark-sheet issued for Class 10^th by the Board of Secondary Education, the birth-year was 2000. Further, as per the admission form of Class I in another school, her birth year was 1999.

In this background, it was contended by the petitioner that prosecutrix was a major at the time of the alleged incident. And in this relation, the application under Section 311, CrPC was submitted to summon the principal of the other school of the petitioner with her records of Class 1^st.

This application was rejected by the trial court on the ground that the same was filed at the stage of final argument. Hence, the present petitioner was filed challenging this order.

After hearing the contentions, the bench of Justice Anoop Kumar Dhand referred to Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015, to hold that, “when there is reasonable grounds for doubt regarding age determination, the same is required to be determined on the basis of date of birth certificate from the school or the matriculation or the equivalent certificate from the concerned examination Board, if available.”

In this light, the Court highlighted the availability of contradictory documents, and the dispute regarding the age of the prosecutrix.

It was held that to bring out correct facts regarding the actual date of the prosecutrix, it was essential to summon the record of her other school, as sought by the petitioner.

Underscoring the purpose of Section 311, CrPC to be unravelling of the truth, the Court allowed the petition and directed the Trial court to summon the Principal with relevant records.

Title: C v State of Rajasthan & Anr.

Citation: 2026 LiveLaw (Raj) 263

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