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Ratanlal v. Prahlad Jat & Ors.

Criminal Appeal · 2017 INSC 954Decided 15 Sept 2017
Criminal Appeal No. 499 of 2014
Justice J. Chelameswar · Justice S. Abdul Nazeer

Background

In a murder trial (charges under Sections 302/201/342/120-B IPC), two prosecution witnesses (PW4 and PW5) who had supported the prosecution's case and been cross-examined at length, filed applications roughly 14 months later seeking to retract and re-record their statements, claiming their earlier testimony had been given under police pressure. The trial court (Sessions Judge) dismissed these applications as a belated, unexplained attempt to help the accused. The Rajasthan High Court, however, allowed the accused's petition under Section 482 CrPC and set aside the trial court's order, permitting the witnesses to be re-examined. The original complainant/appellant challenged that High Court order before the Supreme Court.

Decision Breakdown

The Supreme Court held that an application under Section 311 CrPC for recalling/re-examining a witness must be bona fide and must explain the delay; a long, unexplained gap between the original testimony and the retraction application is itself strong evidence that the witness has been "won over." Since PW4 and PW5 offered no justification for their roughly 14-month delay, and the trial judge had already found they were not under pressure when they testified and were cross-examined at length, the Supreme Court found the Sessions Judge's rejection of their applications was correct and the High Court erred in overturning it. The appeal was allowed, the High Court's order was set aside, and the Court additionally directed that the trial court must proceed without considering the witnesses' later (post-High Court-order) re-examination testimony.

Lesson Learnt

Courts view a long, unexplained delay before a witness tries to retract sworn, cross-examined testimony with suspicion: such belated retraction applications, especially where they conveniently help the accused, will ordinarily be refused unless a genuine and timely reason for the change is shown.

Official source (sci.gov.in)View Judgment (PDF)

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