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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -182-accused persons, in the absence of any independentevidence.96. But, apart from all these aspects on thestatements of the accomplices, we fear that the storyagainst the accused persons and its corroborationthrough the statements of accomplices is an act ofconcoction to make up a case against them. It wasrecorded in the statement of PW-126 that theinformation regarding PW-50 was given to him by D.G.Vanzara. However, D.G. Vanzara had not even beenexamined in this case and there is no information asto how he came to know about PW-50 after almost a yearof the attack on Akshardham. This very importantaspect of the lapse in investigation had been ignoredby the courts below. The learned senior counsel forthe accused persons have contended that there has beena delay of around a year from the time of the attackon Akshardham in recording the statements of theaccomplices which shrouds the case of the prosecution.

Crl.A.Nos.2295-2296 of 2010 -183-We have to accept the contention of the learned seniorcounsel for the accused persons in this regard asthere is an inordinate delay in recording of thestatements of the accomplices and this casts a gravesuspicion on the reliability of the testimony of theaccomplices.It has been held by this Court in the case ofState of Andhra Pradesh v. Swarnalatha & Ors. 54 asunder:“ 21. It stands accepted that the statements ofPW 3 and PW 6 were recorded only on 31-1-1998.The investigating officer did not assign anyreason as to why so much delay was caused inrecording their statements. A panchnama inregard to the scene of offence was conducted.PW 6 was admittedly not present at that time.The statements of PW 3 and PW 6 were recordedunder Section 164 of the Code of CriminalProcedure much before their recording of theirstatements under Section 161 thereof.22. In Ganesh Bhavan Patel v. State ofMaharashtra this Court held:“47. All the infirmities and flaws pointedout by the trial court assumed importance, when54(2009) 8 SCC 383

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