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 154, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 7, 8 -- Delay in lodging FIR - Sexual assault - FIR was lodged on the next day of incident - Delay of one day not inordinate taking into account the fact that prosecutrix was aged about 14 years...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Incident occurred at 7.30 pm and FIR lodged next day at around 9 am - Police station was around 25 kms away from the place of occurrence - Since deceased died after few hours of incident by that time it was dark night and therefore, not possible for complainant to go to police station which was around 25..........
Indian Penal Code, 1860, Section 328, 427, 506 -- Offence u/ss 328, 427, 506 IPC - Revision against acquittal - Accused acquitted after oral and documentary scanning of evidence - Delay in lodging FIR is not the sole basis for acquittal - Trial Court analyzed the evidence and law in proper perspective and judgment does not suffer from any infirmity - Moreover, incident..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape of minor girl - Victim was under 12 years of age at the time of occurrence - Delay in lodging FIR regarding first incident properly explained by prosecution, as victim was under threat to be killed by accused - At the time of commission of second incident mother of victim fortunately arrived at the..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder case - FIR lodged after 7 days of death of deceased - No explanation given for such delay - Delay fatal to prosecution case...........
Indian Penal Code, 1860, Section 302, 148, 34, Evidence Act, 1872, Section 3 -- Murder - Appeal against acquittal by trial Court - Conviction by High Court - Appreciation of evidence - As per evidence on record, identification of accused not proved on record - Even, there is delay in lodging of FIR which provided opportunity to informant and other PWs to implicate their..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 149, 435, 148 -- Delay in lodging FIR - Murder case - Delay of 2 and half hours in lodging FIR - PW1 seeing her own son being brutally attacked, effect of incident on the mind of mother cannot be measured - Being saddened by death of her son, it must have taken sometime for PW1 to come out of..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay in setting law in motion by lodging complaint or registration of FIR is normally viewed by Courts with suspicion because there is possibility of concoction of case against accused - But when there is proper explanation for delay, prosecution case cannot be doubted on the ground that there was delay..........
Criminal Procedure Code, 1973, Section 157 -- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - Obligation is on I.O. to communicate report to Magistrate - Delay in submitting report is always taken as a ground to challenge the veracity of FIR and day and time of lodging FIR - But mere delay in sending report itself cannot lead to a conclusion that..........
