Indian Penal Code, 1860, Section 376(1), Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Effect - Held, in sexual offence, it is no doubt true that mere delay in lodging FIR is not necessarily fatal to the case of prosecution - However, the fact that report was lodged belatedly is a relevant fact of which Court must take notice - This fact has..........
Criminal Procedure Code, 1973, Section 155 -- Delay of 42 hours in sending FIR to Magistrate - Not fatal to prosecution when prosecution evidence in the shape of oral evidence of eye witnesses is consistent...........
Indian Penal Code, 1860, Section 364, Criminal Procedure Code, 1973, Section 154 -- Kidnapping - Delay in lodging FIR - FIR was not lodged for a long period of 13 days - Miscreants belonged to extremists group and out of fear FIR was not lodged immediately after the incident - PW2 i.e. the informant, in his evidence also stated that due to fear he did not lodge FIR..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Every such delay is not fatal unless prejudice to the accused is shown - However, unexplained inordinate delay in sending copy of FIR to Magistrate may affect the prosecution case adversely - An adverse inference may be drawn against prosecution when there are circumstances from which an..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Occurrence took place at 9.00 p.m. and FIR lodged next morning at 6.10 a.m. - Police station at a distance of 18 K.M. - PW1 mentioned that on account of fear of accused persons, he could not go to the police station to lodge FIR at night - Delay properly explained - Not fatal to prosecution case...........
Indian Penal Code, 1860, Section 376 -- Rape - Delay in FIR - Two days delay in lodging FIR - Effect of - Accused in drunken state alleged to have committed rape of prosecutrix in her house after asking her husband to get snacks - Delay explained by prosecutrix by stating that Panchayat elections were due on date of incident and due to that report could not be lodged..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused allegedly fired pistol shots at chest of deceased resulting into his death - Ocular evidence quite consistent with prosecution version, regarding time, place and manner of occurrence and gets assurance from medical evidence - Prosecution case cannot be thrown merely on the ground of non-investigation on criminal..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay of 20 days in lodging FIR - Accused inflicted two pistol shot injuries on the deceased because deceased had demanded back Rs.5.00 lacs which accused had taken from deceased - Accused fired two pistol shots on his own person - Occurrence witnessed by a person who was friend of..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging - Delay ipso facto is not fatal to prosecution case when delay is property explained - Deliberate delay is fatal...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging FIR and delay in starting investigation - Occurrence took place on 07.05.2008 at 8.00 p.m. but FIR lodged on next day at 6.30 a.m. - Police station at a distance of eight kilometers - Entire area dacoit infested - Delay in started investigation explained - Not fatal to prosecution case...........
