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Supreme Court of India 2023-08-29 allowed

SATBIR SINGH vs STATE OF HARYANA & ORS

Bench: 2 — Ahsanuddin Amanullah, S.V.N. Bhatti

In Brief

A complainant in a data theft case sought to be recalled as a witness after a forensic expert's testimony revealed gaps regarding data comparability—a core issue in the case. The trial court and high court rejected this recall application. The Supreme Court allowed the appeal, holding that Section 311 of the Criminal Procedure Code permits witness recall when essential for just decision and when the need arose after the initial deposition. Since data comparison was the case's crux and no opportunity existed to address it earlier, and since the respondents retained full cross-examination rights, recall was justified. The Court directed trial conclusion within nine months."

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Criminal Procedure Witness Examination Discretionary Power

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