Criminal Trial - Delay in recording of Statements of alleged eye witnesses - Were recorded after 3 days of the occurrence - No explanation is forthcoming as to why they are not examined for 3 days - It is also not known as to how the police came to know that these witnesses saw the occurrence - The delay in recording the statements casts a serious doubt about their being eye-witnesses to the occurrence - Suggests that the investigating officer was deliberately marking time with a view to decide about the shape to be given to the case and the eye-witnesses to be introduced - PW in view of their unexplained silence and delayed statement to the police, does not appear to us to be wholly reliable witnesses -  No corroboration of their evidence from any other independent source either -  Find it rather unsafe to rely upon their evidence only to uphold the conviction and sentence of the appellants -  Case against the appellants has not been proved beyond reasonable doubt. (2016)3 SCEJ 414


Criminal trial - Delay of 8 days on the part of the investigating agency to make arrest  - All the accused were arrested on 05.07.1995 from their home  - Prosecution has failed to explain the delay of 8 days on the part of the investigating agency to make arrest of all the accused-appellants, when the incident occurred on 27.06.1995 and allegedly PW-8  in his statement under Section 161 of Cr.P.C. had already revealed the identity of all the culprits involved in the incident -  Prosecution tried to explain the delay in making arrest by pressing upon the ground that the accused  were absconding - If they were really absconding, then they should have remained absconding -  Their arrest from their home casts a shadow of doubt on the prosecution story rendering the same to be concocted and dubious. (2016)3 SCEJ 202

 

Criminal Trial - FIR  Delay in lodging - Occurrence had taken place at about 2.00 p.m. on 9.10.1983 and the complaint had been lodged at about 6.15 p.m. on the same day, on which the case came to be registered -  As mentioned in the FIR, the police station was situated at a distance of 54 kms. from the occurrence place -  In such circumstances there is no delay in lodging the complaint  Criminal Trial. (2016)3 SCEJ 815