New Delhi, Mar 10 (UNI) The Supreme Court has held that delay in sending the copy of the First Information Report(FIR) to the magistrate can not be ground to throw out a prosecution case if the evidence adduced is otherwise credible and trustworthy.
While setting aside a Jammu and Kashmir high court judgment acquitting two respondents who were awarded life imprisonment by the trial court in a murder case, a bench comprising Mr. Justice B.N.
Agrawal and Mr. Justice A.K. Mathur vide their judgment dated March 9,2006 restored the sentence awarded to the convict Mohan Singh while the other convict Prith Pal Singh died during the pendency of the appeal in this court.
The apex court also rejected the findings of the high court that the two eyewitnesses namely father and uncle of the deceased Yush Pal Singh , were interested witnesses and were therefore not reliable.
The Supreme Court found the witnesses Ram Lal, father of the victim and Babu Ram, uncle of the deceased , as trustworthy as both had supported the prosecution case fully and their testimony was quite consistent and natural.
The murder had taken place on July 23,1985.The FIR was sent to the magistrate on the next day.
The court observed,"In a murder trial merely because a witness is interested or inimical his evidence can not be discarded unless the same is otherwise found to be not trustworthy." UNI AKS/XC RP RK1920