Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Delay in lodging FIR - Father of victim child is himself a member of police force - That being so, delay in lodging of FIR assumes greater importance - There is no explanation as to why police complaint was not lodged for nearly a day after alleged incident cannot be ignored - Delay, fatal..........
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...........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Medical evidence - Absence of injuries on the private parts of prosecutrix is not always fatal to the case of prosecution - Prosecutrix stated that accused overpowered her and pushed her to bed in spite of her resistance and gagged her mouth using a piece of cloth - Thus, it is possible that there were no major injury..........
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 - 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, 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 - Rape case - FIR lodged after intervention of Superintendent of Police - Delay in lodging FIR properly been explained by prosecution - In a case u/s 376 IPC, delay if explained properly is not fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder - Complaint lodged after delay of 11 hours - Explanation given for such delay is that accused threatened complainant and PWs that if anyone is going to complaint about incident he would be killed - However, they failed to explain as to how threats or fear of accused disappeared in the morning when..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 394 -- Delay in lodging FIR - Offence u/s 394 IPC - Police chowki is barely 3 kms away from village as admitted by PW1 - Delay of 9 hours in lodging FIR is thus, fatal to prosecution case - Medical examination of informant after a delay of one and a half day also falsifies its story...........
Indian Penal Code, 1860, Section 304, 323, 452 -- Offence u/ss 304, 323, 452 IPC - Accused first hit PW3 and when his wife came to rescue him, she was also hit on her head by lathi which became fatal to her - Cause of death is coma as a result of ante mortem injuries - Lathi was taken into custody but never produced before Court - Blood stained clothes which I.O took into..........
