Pandian Adv Mhc: Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case [4/15, 10:06] Pandian Adv Mhc: that there was an inordinate delay of as many as 4 days in recording the statement of eye-witnesses. The Court referred to State of H.P. V. Gian Chand, (2001) 6 SCC 71 and

[4/15, 10:06] Pandian Adv Mhc: Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case
[4/15, 10:06] Pandian Adv Mhc: that there was an inordinate delay of as many as 4 days in recording the statement of eye-witnesses. The Court referred to State of H.P. V. Gian Chand, (2001) 6 SCC 71 and Dilawar Singh v. State (NCT of Delhi), (2007) 12 SCC 641, to note the effect of the delay in recording statements of witnesses under Section 161 CrPC. It was noted: “If the prosecution fails to satisfactorily explain the delay and there is a possibility of embellishment in the prosecution version on account of such delay, the delay would be fatal to the prosecution. However, if the delay is explained to the satisfaction of the Court, the delay cannot by itself be a ground for disbelieving and discarding the entire prosecution case.”