Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration:The High Court rejected the applications filed by the prosecutionu/s. 311 of the Cr.P.C., seeking recall of PW-189 and to permitthe prosecution to produce the report and the certificate u/s.65B of the Evidence Act, 1872.Code of Criminal Procedure, 1973 – s. 311 – EvidenceAct, 1872 – s.65B – A serial bomb blasts took place –Certain electronic devices were seized – Trial Court heldelectronic devices inadmissible in evidence – Thereafter, anapplication was filed in the court to allow the prosecutionto recall PW-189 and to produce the certificate u/s. 65Bof the Act in evidence – Application rejected by the TrialCourt holding same to be delayed – High Court upheld theorder of the Trial Court – Propriety:Held: The courts below had gone on a wrong premise to opinethat there was delay of six years in producing the certificatewhereas there was none – The matter was still pending when theapplication to resummon PW-189 and produce the certificate u/s.65B of the Act was filed u/s. 311 of the Cr.P.C. – In fact, reportreceived from CFSL on the basis of the contents of electronicdevices dated 29.11.2010 was already placed before the TrialCourt on 16.10.2012 – It was only vide order dated 07.04.2017that the report prepared on the basis of electronic devices wasrefused to be taken on record by the Trial Court in absenceof certificate issued u/s. 65B – It was during the examinationin chief of PW-189 that the report of CFSL dated 29.11.2010was sought to be exhibited – When the aforesaid witness wasfurther examined in chief on 27.04.2017, the report u/s. 65Bwas produced to which objection was raised by the counsel ofthe defence and vide order dated 20.06.2017 the Trial Courtdeclined to take the certificate, issued u/s. 65B of the Act, onrecord – It was thereafter that an application was filed u/s. 311of the Cr.P.C. for recalling PW-189 and produce the certificateu/s. 65B of the Act on record – The same was rejected by theTrial Court – From the aforesaid facts, it cannot be inferred thatthere was delay of six years in producing the certificate – Acertificate u/s. 65B of the Act, which is sought to be producedby the prosecution is not an evidence which has been creatednow – It is meeting the requirement of law to prove a report onrecord – By permitting the prosecution to produce the certificateu/s. 65B of the Act at this stage will not result in any irreversibleprejudice to the accused – The accused will have full opportunityto rebut the evidence led by the prosecution. [Paras 12, 13, 14and 15] |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 988 |
Petitioner | State Of Karnataka |
Respondent | T. Naseer @ Nasir @ Thandiantavida Naseer @ Umarhazi @ Hazi & Ors. |
SCR | [2023] 14 S.C.R. 230 |
Judgement Date | 2023-12-06 |
Case Number | 3456 |
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