Supreme Court: Delay in recording witness statements under Section 161/164 of CrPC not fatal if there is adequate explanation

The Supreme Court in the case Firoz Khan Akbar Khan Versus The State Of Maharashtra observed and has held that a delay caused in recording an eyewitness's testimony would not draw an adverse inference against the prosecution's case if the delay is adequately explained.

- TDG NETWORK

The bench comprising of Justice Abhay S Oka, Justice Ahsanudding Amanullah, and Justice AG Masih was hearing the present matter.

The bench in the case refused to interfere with the conviction of the appellants who challenged their conviction under Section 302 (murder) read with Section 34 (common intention) of the Indian Penal Code, IPC. The appellants raised a ground that the eyewitnesses examination was conducted after 3/4 delays of the incident.

The bench referred to the case of Ganesh Bhavan Patel v State of Maharashtra, wherein the court argued that the delay caused in their examination is always fatal to the prosecution's case.

On the other hand, the Respondent-State argued before the court that the delay in recording the eyewitness's testimony was due to the involvement of investigating officers in maintaining the law and order of the affected area, where the violence took place.