1st Judicial Assistant Mock Test conducted By Jain Classes on 31 Oct so Join our group please send your name and your city name on this number- 8109957050. Mr. Raj Kumar Gupta, learned Advocate appearing for the appellants invited our attention to the testimonies of two eye witnesses, namely, PW18 and PW19 and submitted that the delay in recording their statements under Sections 161 and 164 of the Code of Criminal Procedure, 1973 respectively would be fatal to the case of the prosecution. It was submitted that no explanation was forthcoming why there was delay in recording their statements. Reliance was placed on the decisions of this Court in Balakrushna Swain v. State of Orissa, (1971) 3 SCC 192; Alil Mollah & Another v. State of West Bengal, (1996) 5 SCC 369; and, Shahid Khan v. State of Rajasthan, (2016) 4 SCC 96.