SC: Eye witness’ veracity unaffected by mere delay in recording statement

The Hon’ble Supreme Court on 6thAugust 2019, in the matter of Balwan Singh v. The State of Chhattisgarh and Anr. observed that mere delay in recording of the statement of the eye witness by the investigating officer cannot ipso facto raise suspicion in the mind of the court about the veracity of the eye witness.

The Hon’ble Supreme Court observed that:

Mere delay in recording of the statement of the eye witness by the investigating officer cannot ipso facto raise suspicion in the mind of the Court about the veracity of the prosecution case, more particularly, about the veracity of the eye witnesses. (Para 6)

At times, it may be very difficult for the serologist to detect the origin of the blood due to the disintegration of the serum, or insufficiency of blood­ stains, or haematological changes etc. In such situations, the Court, using its judicious mind, may deny the benefit of doubt to the accused, depending on the facts and circumstances of each case, if other evidence of the prosecution is credible and if reasonable doubt does not arise in the mind of the Court about the investigation (Para 9)

Copy of judgement: Judgement_06-Aug-2019

-Tushar Kaushik

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