LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Delay in recording statement of witnesses is not helpful for accused

Raj Kumar Makkad ,
  03 May 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Order of Acquittal - Reversal thereof by High Court in Appeal - Challenge against thereto - High Court while reversing order of acquittal passed by the Trial Court convicted Appellant under Sections 302, 201, 120B of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959 - Whether the prosecution established its case beyond reasonable doubt against all the three accused?
Citation :
Sidhartha Vashisht @ Manu Sharma v. State (NCT of Delhi) (Decided on 19.04.2010) MANU/SC/0268/2010

Held, prosecution established its case beyond doubt against the Appellants. Presence of the Accused at the scene of crime was proved through the ocular testimonies of relevant witnesses. Even there is delay as alleged in recording the statement of the witnesses, it does not necessarily discredit the testimonies. Court may rely on such testimonies if they are cogent and credible. Evidence regarding the actual incident, the testimonies of witnesses, the evidence connecting the vehicles and cartridges to the accused as well as his conduct after the incident proved his guilt beyond reasonable doubt. High Court rightly analysed all the evidence and arrived at correct conclusion. Appeals dismissed.

 

 
"Loved reading this piece by Raj Kumar Makkad?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"



Published in Criminal Law
Views : 1796




Comments