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Satbir Singh vs State of Haryana and Others

SLP(Crl.) · 2023 INSC 786Decided 29 Aug 2023
SLP(Crl.) No. 1258 of 2022
Ahsanuddin Amanullah · S.V.N. Bhatti

Background

Satbir Singh complained that former employees of his company had stolen confidential data and used it to manufacture equipment identical to his company's products. During the criminal trial, Singh gave his evidence before the Forensic Sciences Laboratory (CFSL) report on the seized hard disks was ready. When the CFSL expert was later examined, he described the data found but never confirmed whether it actually matched what was allegedly stolen from Singh's company. Singh then applied, within five days, to be recalled as a witness so he could address this specific gap, but both the Trial Court and the High Court rejected his request.

Decision Breakdown

The Supreme Court reviewed its settled case law on Section 311 of the Code of Criminal Procedure, which allows a court to recall a witness where doing so is "essential for the just decision of the case." The Court found this was a genuine, narrow case for recall: Singh had no earlier opportunity to address the comparison-of-data point because that issue only crystallised after the CFSL expert's testimony, and there was no unreasonable delay in seeking the recall. The Court also found the other side would not be prejudiced since they would still get a full opportunity to cross-examine Singh again. It allowed the appeal, set aside the lower courts' orders, and permitted the recall, while directing the trial be completed within nine months.

Lesson Learnt

A witness can be recalled for further examination during a trial when a genuinely new and essential point arises later in the proceedings, but the power is discretionary and used sparingly, only where recall is truly necessary for a just outcome and not simply to patch up an earlier oversight.

Official source (sci.gov.in)View Judgment (PDF)

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