Goutam Joardar v. State of West Bengal

Code of Criminal Procedure, 1973 – Sections 161 and 164 – Delay in recording statements of eyewitnesses – It is true that there was some delay in recording the statements of the concerned eye-witnesses but mere factum of delay by itself cannot result in rejection of their testimonies. The material on record definitely establishes the fear created by the accused. If the witnesses felt terrorised and frightened and did not come forward for some time, the delay in recording their statements stood adequately explained.