Code of Criminal Procedure 1973; Section 311 - 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.
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 a 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.
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