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2023 (8) TMI 1448 - SUPREME COURTPrayer for recall of the Appellant as a witness in the trial before the Court below for further examination has been rejected - Section 311 of Code of Criminal Procedure - HELD THAT:- In Manju Devi v. State of Rajasthan, [2019 (4) TMI 2152 - SUPREME COURT], this Court emphasized that a discretionary power like Section 311, Code of Criminal Procedure is to enable the Court to keep the record straight and to clear any ambiguity regarding the evidence, whilst also ensuring no prejudice is caused to anyone. In Harendra Rai v. State of Bihar [2023 (8) TMI 1389 - SUPREME COURT], a 3-Judge Bench of this Court was of the opinion that Section 311, Code of Criminal Procedure should be invoked when '... it is essential for the just decision of the case.' The Court finds that a case for interference has been made out. Under the peculiar facts of the present case, the request for recall of the Appellant Under Section 311, Code of Criminal Procedure was justified, as at the relevant point of time in his initial deposition, there was no occasion for him to bring the relevant facts relating to similarity of data before the Court, which arose after the CFSL expert was examined. The orders of the Courts below are set aside. The application of the Appellant Under Section 311, Code of Criminal Procedure for his recall to be further examined as a witness stands allowed - Appeal allowed.
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