Case Name : Ashok Kumar Chaudhary vs State of Bihar
Case Reference: (2008) 7 SCR 714 :
Neutral Citation:
Case Number: Crl A 798/2008
Court: Supreme Court
Bench: 02
Coram: CK Thakker, DK Jain
Date: 05.05.2008
Related witness
Witness is relative of victim of crime, cannot be characterised as interested witness just for that reason (Para 7) Interest witness is one who has direct or indirect interest in someone convicted However, creditworthiness and evidence of relatives of victim must be scrutinised with greater care and caution (Paras 7, 12)
Accused must lay foundation, if plea of false implication is made. (Para 10)
Delay in FIR
Mere delay in lodging in FIR is not fatal to the case (Paras 14, 16)
Refer also: Dalip Singh vs State of Punjab, (1954) 1 SCR 145 - interested witness Masalti vs State of UP, (1964) 8 SCR 133 careful scrutiny of interested witness Guli Chand vs State of Rajasthan, (1974) 3 SCC 698 State of Punjab vs Jagir Singh, (1974) 3 SCC 277 Rizan vs State of Chhattisgarh, (2003) 2 SCC 661 Namdeo vs State of Maharashtra, (2007) AIR SCW 1835 State of HP vs Gian Chand, (2001) 6 SCC 71 - delay in FIR Ramdas vs State of Maharashtra, (2007) 2 SCC 170
See also: CrPC - Section 154
PDF: Ashok Kumar Chaudhary vs State of Bihar, (2008) 7 SCR 714.pdf