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2013 (7) TMI 1178 - SC - Indian LawsWhether the Respondent turned hostile under coercion of accused person, can seek an application for re- examination U/s 313 Crpc after five months of his examination in trial court - The trial Court disallowed the applications of the Respondents filed u/s 311 of the Crpc, to re-examine PW-9, the informant. The High Court directed the trial Court to allow the 2nd Respondent to examine himself as a witness on a specified date by its order dated 9.12.2010. HELD THAT:- The appeal, therefore, succeeds. The order impugned dated 9.12.2010, passed by the High Court is set aside. The order of the trial Court stands restored. The trial Court shall proceed with the trial. The stay granted by this Court in the order dated 7.3.2011, stands vacated. The trial Court shall proceed with the trial from the stage it was left and conclude the same expeditiously, preferably within three months from the date of receipt of the copy of this order. The permission of the Court u/s 311 Code of Crpc for his re-examination by merely alleging that on the earlier occasion he turned hostile under coercion and threat meted out to him at the instance of the Appellant and other accused. It was quite apparent that the complaint, which emanated at the instance of the Appellant based on the subsequent incident, which resulted in the registration of the FIR, seem to have weighed with the second Respondent to come forward with the present application u/s 311 Crpc, by way of an afterthought. If really there was a threat to his life at the instance of the Appellant and the other accused, as rightly noted by the Court below, it was not known as to why there was no immediate reference to such coercion and undue influence meted out against him at the instance of the Appellant, when he had every opportunity to mention the same to the learned trial Judge or to the police officers or to any prosecution agency.
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