Criminal Procedure Code, 1973, Section 154 -- FIR - Dispute between two persons resulting into unconscious of one person - No cognizable offence is disclosed - This report does not partake the character of an FIR in absence of mention as to who caused injuries, what was the nature of injuries and the result thereof...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in FIR does not entail outright rejection of the prosecution case - It only casts a duty on the Court to scrutinize the prosecution evidence more cautiously...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304B -- FIR - Dowry death - Delay of 26 hours in lodging FIR - Police station at a distance of 4-5 kms. from the place of incident - Held, in view of the fact that accused has taken a false stand whereas prosecution has taken a positive step as such the mere fact of delay in lodging FIR does not..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- FIR - Delay - Rape - Delay of 3 days in lodging FIR - Rape of unmarried girl - Before lodging report mother of prosecutrix must have thought a number of time that the same could damage marriage prospects of her daughter and that it can bring ignominy for whole of the family - If some time..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- FIR - Rape - Delay of 4 days - Prosecutrix when reached home after the incident there was no male member and when her uncle returned from job, entire incident narrated to him and thereafter a report was lodged - Delay sufficiently explained...........
Criminal Procedure Code, 1973, Section 154 -- Delay in registering complaint - Delay of 8 hours due to negligence of IO - Does not make the entire prosecution case false, if other circumstances are proved by the prosecution...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304B, 468A -- FIR - Delay - Dowry death - Delay of 49 days - Not properly explained - It creates a dent in the prosecution case...........
Criminal Procedure Code, 1973, Section 154, 157 -- FIR - Delay in dispatching to Illaqa Magistrate - Delay in dispatch of FIR is not a substance which can throw out the prosecution case in its entirety...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Not a substantive piece of evidence and can be used only to corroborate the statement of maker or to contradict him - No requirement of law that minutest details were to be recorded in it...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging - Delay ipso facto is not fatal to the case of the prosecution - Delay is fatal when prosecution introduces a false witness, who has not witnessed the occurrence and involves an innocent person as an accused...........