NIVEDATA Vs. STATE

JUDGEMENT

(1.) THE petitioner herein is an eye witness to the main occurrence in which her real sister, Sarita, was shot dead by Vivek Rai, respondent No.2, an under trial prisoner. She was examined as one of the prosecution witness before trial Court on 21.07.2005 wherein she reiterated her earlier statement recorded under Section 161 Cr.P.C., on 28.11.2003 by the Investigating agency during the investigation of the present case. Subsequently, after more than 11/2 years of recording of her statement on oath, she moved an application under Section 540 Cr.P.C., (corresponding to Section 311 of new Code) making a prayer that she may be recalled for re -recording her statement as she wanted to make clean abreast of certain facts, which she could not say in her earlier statement. She asserted in that application that she was interrogated by the police on the date of occurrence and thereafter she was never examined during the investigation and the statement on oath made by her before the trial Court on 21.07.2005 was on account of torture and she was pressurized by the police to depose in the terms of her statement already recorded by the police under Section 161 Cr.P.C. She further averred that she was tortured to the extent that in case she did not depose in terms of her earlier statement recorded under Section 161 Cr.P.C., she would be involved in the case and under these circumstances she was constrained to make the statement as per the liking of the police on 21.07.2005. She subsequently realized that a sin was committed by her by falsely implicating the accused.

(2.) AFTER putting the State and the accused to the notice, the learned trial Court while entering into detailed discussion has dismissed the said application vide impugned order dated 06.03.2007. Hence, this revision petition.

(3.) ON notice, Mr. Salathia has put in appearance on behalf of respondent No. 1, whereas Mr. Sunil Sethi represents the accused (respondent No.2).