Indian Penal Code, 1860, Section 376, 34, Criminal Procedure Code, 1973, Section 157 -- Rape - Prosecution witnesses belonged to same family - Enmity was going on between the prosecution witnesses and the accused - The only independent witness examined declined to support the prosecution story - FIR recorded after 24 hours thus giving ample time to the police to create..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Extraordinary delay in sending the FIR is a circumstances which provides a legitimate basis for suspecting that the FIR was recorded much later than the stated date and hour affording sufficient time to the prosecution to introduce improvements and embellishments and set up a distorted..........
Criminal Procedure Code, 1973, Section 154, 157 -- FIR - Non mention of names of accused in FIR inspite of the fact that PW5 who was present at the place of incident and at the time of lodging FIR knew the names of accused - Had PW5 been present at the place of incident or at the time of recording FIR then names of accused would have figured in the FIR itself - Delay in..........
Criminal Procedure Code, 1973, Section 157 -- F.I.R. - Sending copy to Magistrate - Delay therein - Effect thereof - Held, in all cases the delay in transmitting FIR and its reaching Magistrate late is not fatal to prosecution...........
Criminal Procedure Code, 1973, Section 157 -- Copy of FIR reached Magistrate next day - Delay not explained - Held, it is not too long to excite any suspicion...........
Criminal Procedure Code, 1973, Section 157 -- Magistrate on leave - Sent to another Court at a distance of 60 K.M. - No delay in sending FIR to the Magistrate - Allegation that the FIR was ante timed is without any foundation - Impugned judgment cannot be said to be suffering from infirmity to warrant interference...........
Criminal Procedure Code, 1973, Section 157 -- FIR should be sent to Magistrate forthwith - When an explanation is offered for the delay the same has to be tested - Unexplained delay by itself may not be fatal, but is a certainly relevant aspect which can be taken note of while considering the role of the accused persons for the offence...........
Criminal Procedure Code, 1973, Section 157 -- Delay of 12 hours in sending FIR to Illaqa Magistrate - Delay not explained - Possibility of ante-timing the same cannot be ruled out...........
Criminal Procedure Code, 1973, Section 157 -- FIR - Sending to Illaqa Magistrate - Time at which the special report was received by the Magistrate goes a long way in coming to proper conclusion as to time at which the FIR may have been written/lodged or registered - The prompt registration of the first information report without delay immediately following the commission..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending special report to Illaqa Magistrate - Held, that special report should be sent to Illaqa Magistrate promptly and without any undue delay - FIR recorded without delay and investigation started on the basis of that FIR - Delayed receipt of report by Magistrate concerned cannot by itself justify the conclusion..........
