VidhiSangh

Supreme Court of India · 06/11/2023

STATE OF KARNATAKA versus T. NASEER @ NASIR @ THANDIANTAVIDA NASEER @ UMARHAZI @ HAZI & ORS.

[2023] 14 S.C.R. 230 · 2023 INSC 988

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Summary

The Supreme Court permitted the prosecution to recall its forensic witness and produce a Section 65B certificate during the pending Bangalore bomb-blasts trial. The electronic devices and forensic report were already before the court, and the certificate was sought after an admissibility objection. The asserted six-year delay was misconceived. The omission was curable without irreversible prejudice because the accused retained a full opportunity to rebut the evidence.

Issues

  1. Whether the prosecution could produce a Section 65B certificate later during an unfinished trial.
  2. Whether recall under Section 311 would unfairly prejudice the accused or improperly fill a lacuna.

Provisions considered

Held

Result

Appeal allowed; lower-court refusal orders set aside. Prosecution’s Section 311 application allowed for recall and production of the certificate; Trial Court directed to proceed further.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 230.