The Supreme Court has held that "merely because a different statement was given by the same prosecution witness in another case relating to the same incident, that itself would not be a reason for recalling the witness under section 311, Cr. P. C."
The petitioner is facing trial in a murder case. In 2014, during the trial, one prosecution witness named Naushad gave a statement that he had identified the petitioner as one of the assailants carrying rifle. Relating to the crime, the petitioner was facing another trial under the Gangsters Act. In the proceedings under the Gangsters Act, the same witness Naushad gave a statement in 2021 that he could not identify the petitioner as one of the assailants as he was wearing a cloth over his face. Relying on the second statement given by the witness in 2021, the petitioner sought to recall him as a witness in the first trial. The trial court rejected this application and the High Court affirmed the rejection. In this backdrop, he approached the Supreme Court.
Affirming the trial court's view, the Supreme Court bench of Justices Ravikumar and Dhulia proceeded to assert, "The trial court has rejected this application and in our view rightly so, for the reasons that merely because a different statement given by the same prosecution witness in another case that itself would not be a reason for recalling the witness and that too, after a period of seven years."