GAJANAND AGRAWAL vs STATE OF ORISSA

The Supreme Court upheld the dismissal of the appeal concerning the rejection of an application under Section 311 of the Code of Criminal Procedure, 1973, for recalling a victim in a rape case under Section 376 IPC. The Court emphasized that the victim's examination and cross-examination had already occurred, and that Section 376 IPC is non-compoundable, thus the High Court's refusal to allow the recall was justified. The Court reiterated the discretionary nature of Section 311, affirming the lower courts' decisions as proper given the circumstances of the case.