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Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case

The Supreme Court in Harbeer Singh Vs. Sheeshpal, has observed that delay in recording of statements of the prosecution witnesses under Section 161 CrPC., although those witnesses were or could be available for examination when the Investigating Officer visited the scene of occurrence or soon thereafter, would cast a doubt upon the prosecution case. A bench comprising Justice Pinaki Chandra Ghose and Justice Amitava Roy made this observation while upholding a Rajasthan High Court judgment, which had acquitted the accused in a murder case.

Article referred: http://www.livelaw.in/delay-recording-prosecution-witnesses-statements-can-fatal-prosecution-case-sc/

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