VidhiSangh

Supreme Court of India · 29/08/2023

SATBIR SINGH versus STATE OF HARYANA & ORS.

[2023] 11 S.C.R. 723 · 2023 INSC 786

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Summary

The Court allowed recall of a complainant-witness to address similarity between allegedly stolen company data and material found on the accused’s hard disks. The need arose after the forensic expert’s later testimony, and the recall request followed within five days. Further cross-examination would protect the accused, while fixed timelines would address delay.

Issues

  1. Whether the later forensic testimony justified recalling a witness already examined.
  2. Whether recall would unfairly prejudice the accused or delay the trial.

Provisions considered

Held

Result

Appeal allowed; lower court orders set aside and recall application allowed. Further examination on a trial-court date within six weeks; trial to conclude within nine months of receipt of the judgment. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 723.