In Brief
In a murder trial, two prosecution witnesses (PWs 4 and 5) applied 14 months after their examination to have their statements re-recorded under Section 311 Cr.P.C., claiming their earlier evidence was given under police pressure and that the accused were innocent. The Sessions Judge rejected the applications, noting the long delay and their support for the prosecution at trial. The High Court allowed the applications, but the Supreme Court reversed it. The Court held that an unexplained delay in seeking witness re-examination is strong evidence of witnesses being won over by the accused. The discretionary power under Section 311 must be exercised judicially for strong reasons essential to justice, not merely upon request.
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