SC: A site plan is not a true to scale map and cannot give exact positions

The Hon’ble Supreme Court, on 11th December 2019, Ramji Singh & Ors v. The State Of Uttar Pradesh observed that a site plan is not a true to scale map and cannot give exact positions. The direction of the injury can also vary even if the accused and the deceased are in the same place as mentioned in the site plan and one of them is sitting or standing at an angle.

The Hon’ble Supreme Court observed that:

An FIR is not supposed to be an encyclopaedia detailing all the facts in extenso. (Para 9)

Mere delay in compliance of Section 157 by itself is not fatal to prosecution. All it does is to raise a doubt that the prosecution story may have been concocted at a later stage. (Para 11)

A site plan is prepared on the basis of information given by witnesses. A site plan only gives a general idea and is not a true to scale map. (Para 15)

A site plan is not a true to scale map and it generally gives the positions of the various eye­witnesses, accused etc., but obviously such site plan cannot give exact positions. Directions cannot be determined from exact position also. The direction of the injury can also vary even if the accused and the deceased are in the same place as mentioned in the map and one of them is sitting or standing at an angle. (Para 15)

Copy of judgement: Judgement_11-Dec-2019

-Adv. Tushar Kaushik

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