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Supreme Court Of India

(From : 1996 (2) Crimes 213 (Him Pra))

Hon'ble Judge(s): A. S. Anand, R. C. Lahoti, Doraiswamy Raju , JJJ

(A) Criminal P.C. (2 of 1974) , S.154— Delay in lodging - Not itself sufficient to discard the prosecution case - Rape case - Sequence of events soon following the crime and as described by prosecution witnesses - Providing satisfactory explanation for delay - Thus, such delay would not be fatal to prosecution case. (1996) 2 Crimes 213 (Him Pra), Reversed. Penal Code (45 of 1860) , S.375— Delay in lodging the FIR cannot be used as a ritualistic formula for doubting the prosecution case and discarding the same solely on the ground of delay in lodging the first information report. Delay has the effect of putting the Court in its guard to search if any explanation has been offered for the delay, and if offered, whether it is satisfactory or not. If the prosecution fails to satisfactorily explain the delay and there is possibility of embellishment in prosecution version on account of such delay, the delay would be fatal to the prosecution. However, if the delay is explained to the satisfaction of the Court, the delay cannot by itself be a ground for disbelieving and discarding the entire prosecution case. In the instant rape case P.W. 1 the mother of the prosecutrix is a widow. The accused is a close relation of brother of late husband of P.W. 1. P.W. 1 obviously needed her family members consisting of her in-laws to accompany her or at least help....