State of Karnataka vs. T. Naseer @ Nasir @ Thandiantavida Naseer & Ors. (SC)

Code of Criminal Procedure, 1973–Sec. 311–Evidence Act, 1872–Sec. 65-B–Rejection of application u/s. 311 with the observation that it was submitted after the delay of six years–Justification–Prosecution sought to produce the certificate u/s. 65-B alongwith the application–Earlier, the witness was examined, and a report u/s. 65B was produced to which the objection was raised by the defence counsel and trial Court declined to take the certificate u/s. 65-B on the re-cord–Thereafter, the application u/s. 311 was filed for recalling the witness and producing the certificate–It cannot be said that there was a delay of six years in producing the certificate–Original electronic devices were already on record and there was no need for producing the certificate–Certificate u/s. 65-B itself is not evidence–No irreversible prejudice will be caused to the accused–Application deserves to be allowed.