Delay in Recording Statements of Important Witness & Its Consequences
Delay in Recording Statements of Important Witness
Sometimes delay in recording of statements may affect the evidentiary value. Therefore, it is necessary to complete the investigation at the earliest.
Where there was delay of nine days in recording statement of injured witness and the explanation given for delay was not sufficient, it was held that involvement of some accused is doubtful.
Case Reference : Bijoy Singh versus State of Bihar, AIR 2002 SC 1949
The Apex Court held that "unjustified delay in recording statements of material eye-witness is fatal to prosecution." Although it may not affect confession under Evidence Act.
Case Reference: Balakrushna Swain versus State of Orissa, AIR 1971 SC 804