- The perusal of the evidence of I.O./PW-6 (Lalmani Gautam) would reveal that there is no explanation as to why the statement of the witnesses was recorded belatedly. The only explanation given by him is that he has recorded the statement of these witnesses after the investigation was given to him.
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We find that the inordinate delay in recording the statement of the witnesses, coupled with no explanation to that effect from the I.O. and further the conduct of PW-3 would bring him in the category of witnesses who are not 6 wholly reliable. In our considered view, conviction on the sole testimony of such a witness, without there being any corroboration to his evidence, would not be justified.
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In that view of the matter, the appellant is entitled to benefit of doubt. The appeal succeeds. The impugned judgment and order is quashed and set aside. The accused is acquitted of the charges charged with.
PARTY: NATTHU SINGH …APPELLANT(S) VERSUS STATE OF UTTAR PRADESH …RESPONDENT(S) – CRIMINAL APPEAL NO. 1651 of 2019 – JANUARY 19, 2023.
NATTHU-SINGH-vs-.State-of-U.P-Delay-in-recording-161-statements
