Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - There cannot be any generalization that whenever there is a delay in lodging FIR, the prosecution case becomes suspect - Whether delay is so long as to throw a cloud of suspicion on the seeds of the prosecution case, would depend upon the facts of each case - Even a long delay can be condoned if the witnesses have..........
Criminal Procedure Code, 1973, Section 154 -- Permissibility of enquiry/verification prior to lodging of FIR - Enquiry and verification is permitted prior to lodging of FIR...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 367 -- Rape - FIR - Delay in lodging of FIR - Mother of prosecutrix away for four days and everything disclosed to her when she cam back - Delay explained...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Prosecution case cannot be thrown out simply on the ground that there is delay in lodging FIR - It puts Court on its guard to look for the possible motive and explanation for the delay and consider its effect on the truthfulness of the prosecution witnesses...........
Criminal Procedure Code, 1973, Section 157, 154 -- FIR - Investigation could not be conducted as accused was facing trial in Delhi and Kanpur - Direction issued that custody will be given to Mumbai police after cases in Kanpur and Delhi were over...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Need not contain, with exactitude all details of the offences alleged - It is sufficient if it broadly records the incident, as it would be the basis of further investigation and action under the Criminal Procedure Code...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Occurrence took place at 11.00 in the night - Police station at a distance of 40 Kms. from place of incident - FIR lodged at 11.05 AM on the next day - It is not a case of delayed FIR which would vitiate the prosecution case...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - FIR - Delay - Explanation given not satisfactory - Held, delay in filing FIR is fatal in the case and so as the truthfulness of the prosecution case...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging - Conclusion of trial court that FIR was ante dated on the basis of evidence of PW who was illiterate and rustic lady - Minor variance in statement recorded long after occurrence - Not sufficient to conclude that FIR was ante dated...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of more than one day in lodging FIR - Mere delay in lodging FIR is not fatal in all cases - However on the circumstances of the instant case, certainly it is one of the factors which corrodes credibility of the prosecution version...........
