whether recall of witnesses, at the stage when statement of accused under Section 313 of the Code of Criminal Procedure (“Cr.P.C.”) has been recorded, could be allowed on the plea that the defence counsel was not competent and had not effectively cross-examined the witnesses.

In AG Vs. Shiv Kumar Yadav & ANR.[Criminal Appeal Nos.1187-1188 of 2015 arising out of SLP (CRL) Nos.1899-1900 of 2015] Following observations have been made by the Supreme court : fairness of trial has to be seen not only from the…