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2013 (5) TMI 964 - SUPREME COURTApplication u/s 311 of the Cr.P.C. filed by the applicants/petitioners rejected by the Trial Court, as well as of the High Court - Seeking permission to examine key witness - Prevention of Corruption Act, 1988 (Act) against the Appellant and other accused persons - HELD THAT:- An application filed u/s 311 Crpc must be allowed if fresh evidence is being produced to facilitate a just decision, however, in the instant case, the learned Trial Court prejudged the evidence of the witness sought to be examined by the Appellant, and thereby cause grave and material prejudice to the Appellant as regards her defence, which tantamounts to a flagrant violation of the principles of law governing the production of such evidence in keeping with the provisions of Sec. 311 Code of Crpc By doing so, the Trial Court reached the conclusion that the production of such evidence by the defence was not essential to facilitate a just decision of the case. Such an assumption is wholly misconceived, and is not tenable in law as the accused has every right to adduce evidence in rebuttal of the evidence brought on record by the prosecution. The court must examine whether such additional evidence is necessary to facilitate a just and proper decision of the case. Furthermore, the same is not a case where if the application filed by the Appellant had been allowed, the process would have taken much time. In fact, disallowing the said application, has caused delay. No prejudice would have been caused to the prosecution, if the defence had been permitted to examine said three witnesses. Hence, The appeal succeeds and is allowed. The judgment and order of the Trial Court, as well as of the High Court impugned before us, are set aside. The application Under Section 311 Code of Criminal Procedure filed by the Appellant is allowed.
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