Hon’ble Delhi High Court while dealing with a petition here on 21-02-2019 in the case of “STATE (GOVT. OF NCT OF DELHI) v. NITIN” stated that a statement which is recorded immediately after the incident has to be given greater credence as compared to a statement which is recorded after five months.

BRIEF FACTS OF THE CASE

An FIR was made by one Naresh kumar, that there was a dispute between his family and the family of other accused, consequent to an altercation which took place and thereafter his father who was a patient of heart disease was knowingly assaulted which led to his death.

The name of the respondent (Nitin) was not mentioned in the FIR but later on added after 5 months. The Trial Court was of the view that there was no material against Nitin to raise grave suspicion of his involvement in the subject offence. Thus, he was discharged.

Aggrieved by the decision of trial court, this petition was filed.

DECISION OF THE COURT

Hon’ble Court held that a statement which is recorded immediately after the incident has to be given greater credence as compared to a statement which is recorded after five months.

Further, it was held that there was no involvement of the respondent has not been substantiated by any material, collected through investigation and there is no infirmity in the order of the Trial Court in discharging the respondent of the said offences.

Thus, the appeal got dismissed in lieu of not having merits.

Read the full Judgement Here-

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