In Brief
Ratanlal, brother of a murder victim and prosecution witness, challenged a High Court order permitting two witnesses (PW4 and PW5) to re-record their statements under Section 311 Cr.P.C. The witnesses, who had initially supported the prosecution and undergone lengthy cross-examination, applied to retract their testimony 14 months later, citing police pressure. The Supreme Court held: (1) Article 136 grants discretionary appellate power without locus standi limitations to any aggrieved person; (2) Section 311's recall discretion must serve justice with strong reasons, not arbitrarily; (3) unexplained delay in filing recall applications signals witnesses were won over. The Court restored the Sessions Judge's rejection and set aside the High Court's order.
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