Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging FIR does not make prosecution case improbable when such delay is properly explained, but a deliberate delay in lodging FIR may prove fatal...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Unnatural offence - When testimony of victim or complainant are not trustworthy nor find corroboration from medical evidence, delay in lodging FIR also assumes significance...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354, 506, 451 -- Delay in lodging FIR - Offence u/ss 354, 506, 451 IPC - There is a considerable delay in the registration of FIR which goes to show that a story has been created to implicate accused for some ulterior motive - Occurrence took place purportedly at about 2.00/2.30 A.M. in the night..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Unexplained delay in lodging FIRs is commonly considered fatal to prosecution's case - In the instant case, delay was never even acknowledged much less explained - Thus, necessary benefit of such an omission must accrue to accused...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Mere delay in registering FIR by itself may not render the entire case of prosecution doubtful more particularly, the oral version of eyewitnesses doubtful - However, delay in the registration of FIR should be looked into considering other infirmities emerging from case of prosecution...........
Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Sexual assault - Delay of seven days in lodging FIR - After commission of offence victim used to remain depressed - Accused had extended threats to kill victim and her parents in case she confided the matter to anyone - As..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - Delay was explained by mother of victim stating that FIR was lodged after 7 days in view of security and dignity of her daughter - Explanation is sufficient in terms of legislation of POCSO Act to protect the menus of victim after sexual assault - Delay of 7 days in lodging FIR not fatal..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Mere delay in registering the FIR could not be held to be a ground adverse to the case of prosecution, as FIR is only a corroborative piece of evidence and not a substantive piece of evidence...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay in lodging FIR - Murder by poisoning - FIR lodged when the report of Chemical examiner was received - There was no mala fide intention on the part of any of witnesses or the police not to register the FIR or to delay the registration of FIR - Mere delay in registering the FIR could..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay in registration of FIR by itself cannot be a ground for quashing FIR - However, delay with other attending circumstances emerging from record of the case rendering the entire case put up by prosecution inherently improbable, may at times become a good ground to quash FIR and consequential..........
