filed by the accused persons to get the informant recalled and reexamined. As would appear from the impugned order dated 16.09.2015, the informant in his evidence has supported the allegation levelled against the petitioners. The consistencies in his evidence can be borne out from the fact that in the F.I.R. allegations were levelled against the petitioners and substantiated in course of trial by the evidence of the informant as P.W. 4. At this late hour when the trial is on the verge of closure, an application has been filed by the accused persons u/s 311 Cr.P.C. to recall and re- examine the informant. The submission of the learned counsel for the petitioners reveals that a compromise has been arrived at between the parties and the finding of the learned trial court that the informant wants to resile from his earlier evidence given at the time of trial is perfectly justified, which also finds support from the affidavit which has been filed y the accused persons u/ 311 Cr.P.C. Moreover Section 3(X)(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act is a non-compoundable offence. Even if a compromise has been arrived at, the time of the compromise is of great relevancy. The compromise which has been arrived at between the petitioner and the informant is after 7 years of institution of the F.I.R. and when the trial is at the concluding stage, such compromise therefore is not tenable and on the basis of the same, the informant cannot be recalled for re-examination at this stage.
