Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Delayed FIR - Murder - All male members of family of deceased were injured in the incident - Deceased was in a serious condition - Priority for complainant party and police was to provide him immediate medical aid and not to lodge report - Report lodged after death of..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Contents of FIR - FIR may not contain all the details of occurrence or even the names of all accused - It is not expected to be an encyclopedia even of facts already known - There are varieties of crimes and by their very nature, details of some crimes can be unfolded only by a detailed and expert investigation...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Satisfactory explained - Prosecution case cannot be doubted on small delay between the time of occurrence and in registration of FIR...........
Criminal Procedure Code, 1973, Section 154 -- Delayed FIR - Delay in lodging FIR properly explained as being a father of deceased PW5, became unwell for two hours after death of his son - More so, another incident of setting fire to the house of accused in the same night, which is the outcome of the murder of deceased at the hands of accused persons, also had some impact..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of six months in lodging FIR - Rape case - Explanation given by prosecutrix for such delay that she was frightened, is fatal for prosecution, as it gives a clear indication that victim was a consenting party to whole act and raises a shadow of doubt raising chances of false implication and embellishment...........
Evidence Act, 1872, Section 154 -- Expert witness - Statement as to facts - Inconsistent with the actual record - Witness cannot be declare hostile, as, such a contention can be raised in the course of arguments...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape - Delay of 10 days in lodging FIR - No plausible explanation to delay the lodging of FIR - Delay fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304B -- FIR - Delay - Dowry death - Delay in lodging FIR not much - But it does bring an element of doubt when defence is successful in showing that girl made a statement in the presence of medical officer that she was under the influence of some evil spirits...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), Evidence Act, 1872, Section 154 -- Quantum of seized article - Hostile witness - PW3 was declared hostile by prosecution but his evidence in connection with preparation of labels in presence of PW14 corroborated by PWs could not be washed off on record - Said evidence unimpeachably speaking of..........
Criminal Procedure Code, 1973, Section 154, 173(8) -- Second FIR - Plea that there should be further investigation and not second FIR - Both the appellants furnished wrong information to police as to their names, father's name and address during course of investigation made on the first FIR - Second FIR registered u/ss 419, 420 IPC - Offences under second FIR committed..........
