Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Delay in FIR - Offence u/s 376 IPC - Delay per se is not a mitigating circumstance for accused when accusation of rape are involved...........
Indian Penal Code, 1860, Section 376(d), 506(2), 114, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Delay of 9 months in lodging FIR not satisfactorily explained - Even, DNA test confirms that none of the accused person are biological father of the child delivered by prosecutrix -..........
Limitation Act, 1963, Section 5, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b) - - Conviction u/s 22(b) NDPS Act - Delay of 534 days in filing of criminal appeal - Due to financial constraints - Delay condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 165 days in filing appeal against ex parte eviction decree - Defendant categorically stated that he was not at all served and he came to know of decree passed in suit only when he received notice in execution petition and immediately after obtaining certified copies filed appeal - Delay was not intentional..........
Indian Penal Code, 1860, Section 376(2)(f), 354 -- Rape of minor girl by her blind father - Prosecutrix has given detailed description of manner in which accused used to sexually assault her - Allegation of sexual assault go back to several years when she was only 6 years of age and sexual assault continued till she was 13-14 years of age - Complaint made to police when..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Unlawful assembly - Inconsistencies found in testimonies of PWs regarding role of accused in commission of crime - Involvement of accused as a member of unlawful assembly is doubtful - FIR lodged after delay of 4 days - Accused roped in the crime, due to inimical relationship between parties which clearly emanates..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay may be condoned if complainant appears to be reliable and without any motive for implicating accused falsely...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 365, 352 -- Delay in lodging FIR - Abduction and assault - A-1 acted as a benefactor to family of complainant and had helped them financially and otherwise on multiple occasions - PW1 under such circumstances, might have been reluctant to lodge a complaint immediately after occurrence of said..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - FIR reduced to writing on basis of written report lodged by complainant - There is correction as to time of offence in FIR - However, considering the fact that carbon copy also produced of document, same also indicates that time was corrected when FIR was..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Murder case - Intimation to Magistrate sent by post - It cannot be said that shape has been given to story later on or that there was delay in receipt of intimation of report by Magistrate...........