CASE DETAILS v. STATE OF HARYANA & Ors.

Judgment

[2023] 11 S.C.R. 723 : 2023 INSC 786 CASE DETAILS SATBIR SINGH v. STATE OF HARYANA & ORS. (Criminal Appeal No. 2634 of 2023) AUGUST 29, 2023 [AHSANUDDIN AMANULLAH AND S. V. N. BHATTI, JJ.] HEADNOTES Issue for consideration: Courts below, if justifi ed in rejecting the application of the appellant u/s.311, CrPC for his recall as a witness in the trial for further examination. Code of Criminal Procedure, 1973 – s.311 – Power under – Exercise of – Appellant fi led complaint that the accused-ex-employees of his company had stolen company data and used it to manufacture equipment, which was manufactured by his company – Evidence of the appellant was recorded before the CFSL Report came – Though, the CFSL expert in his examination described the data found on the hard disk(s) of the accused but there was no reference as to the comparison of the two sets of data – Application fi led by appellant u/s.311, rejected – Legality: Held: Discretionary power like s.311 is to enable the Court to keep the record straight and to clear any ambiguity regarding the evidence, whilst also ensuring no prejudice is caused to anyone – It should be invoked when it is essential for the just decision of the case – On facts, the request for recall of the appellant u/s.311 was justifi ed, as at the relevant point of time in his initial deposition, there was no occasion for him to bring the relevant facts relating to similarity of data before the Court, which arose after the CFSL expert was examined – Orders of the Courts below set aside – Application of the appellant u/s.311 for his recall to be further examined as a witness allowed. [Paras 10-12, 14] 723 724 SUPREME COURT REPORTS [2023] 11 S.C.R.

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