VidhiSangh

Supreme Court of India · 01/03/2021

THE STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE versus TR N SEENIVASAGAN

[2021] 2 S.C.R. 529 · 2021 INSC 125

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Summary

The Supreme Court allowed the prosecution to recall two witnesses to place the electricity company Board’s approval for prosecution on record in a corruption trial. The essential question under Section 311 CrPC was whether the proposed evidence was necessary for a just decision; the age of the trial could not alone justify rejection. The accused retained the right to cross-examine the witnesses, and the evidentiary objections and merits of sanction were left to the trial judge.

Issues

  1. Whether the prosecution should be permitted to recall witnesses at the argument stage to prove the Board’s approval relevant to the disputed prosecution sanction.

Provisions considered

Held

Result

Appeals allowed; High Court order set aside and prosecution applications to recall PWs 1 and 11 allowed, with liberty to the accused to cross-examine them.

Judgment PDF: Supreme Court of India, [2021] 2 S.C.R. 529.