Chaini Parwani –
Published On: October 11, 2021 at 09:40 IST
The Supreme Court noted that a delay in recording the statements of eyewitnesses by itself cannot induce in rejection of their testimonies.
A Bench comprising Justices Uday Umesh Lalit, S Ravindra Bhat and Bela M Trivedi observed, “If the witnesses felt terrorised and frightened and did not come forward for some time, the delay in recording their statements stood adequately explained.”
In this case, the Murder Accused had approached the Apex Court in an Appeal challenging that the delay in recording the statements made by eyewitnesses in this case under Sections 161 and 164 of the Code of Criminal Procedure, 1973 respectively would be terminal to the case of the prosecution.
The State replied that the appellant had unleashed extensive terror, the consequences of which the concerned witnesses had fled away in fear.
Further, the State observed that after the appropriate steps were taken and the probe conducted, including the arrest of the Accused, the witnesses came forward.
Furthermore, the Court noted after referring to the evidence on record that the material on record definitely indicates the fear created by the accused and that if the witnesses felt terrorised and frightened and did not come forward for some time, the delay in recording their statements stood adequately explained.
The Court, therefore, dismissed the appeals filed by them.
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