2010 CRI. L. J. 2652 ::(2010) 1 CriLR(Raj) 722 ::(2010) 2 WLC (RAJ) 694 ::2010 (4) RajLW3613 ::(2010) 4 Crimes 393

Rajasthan High Court

Hon'ble Judge(s): Mahesh C. Bhagwati , J

(A) Penal Code (45 of 1860) , S.376— Rape - Delay in lodging FIR - Incident took place early in morning but FIR lodged two days after wards - Distance between place of occurrence and police station is only 5 kms. - Prosecution has failed to furnish reasonable and satisfactory explanation of more than 50 hours inordinate delay in lodging FIR - Such delay hence found to be fatal to prosecution. (Para 8) (B) Penal Code (45 of 1860) , S.376— Rape - Testimony of prosecutrix - Reliability - Statements of prosecutrix not found to be trustworthy and worthy of credence - Presence of witnesses is also found to be doubtful on scene of occurrence - Conviction of accused solely on evidence of prosecutrix, not proper. (Para 13 14 15) .....