Delay in examination of witnesses:
The delay was on account of the fact that the I.O wanted to assure himself of
the veracity of statement of daughter of deceased and hence ,she was examined
after she had time to recover from shock of the incident and compose herself.
Under theses circumstances, any delay in examining this witnesses u/s 161 ,Crpc
will not prejudice the prosecution. The evidence of injured witnesses is
entitled to great weight and very cogent and convincing ground s are required to
discard the Evidence of the injured witnesses.
Evidence of last seen:
The father of victim received information that the victim was last seen in
company of accused from some other persons. But, the person s informing the
father of victim were not examined as witnesses. The father of victim had not
informed any family members about missing of victim.
The brother of victim had not informed despite over hearing conversation of
accused regarding victim , never questioning them after victim went missing.
There is possibility of 9 years old daughter of victim being tutored by her
uncle and grandfather to depose against the Accused. The brother in law of
victim never mentioning about seeing him alone with the accused before his
death. Thus, evidence of las seen was not proved.