PW-4 claimed prior complaints were made but provided no documentary evidence
(cross-examination, 24.04.2019). The defense correctly argues that this delay,
coupled with the absence of corroboration, raises doubts about the prosecution's
case, as held in Harivadan Babubhai Patel v. State of Gujarat (2013) 7 SCC 45,
where unexplained delay was deemed fatal absent credible justification.
[37] We have noted that the learned trial court
did not reach the conclusion of guilt of the appellant
merely on the basis of the evidence of last seen
together. While appreciating the evidence the learned
trial court also referred to and appreciated the other
incriminating circumstances available on record
against the accused appellant and came to the
conclusion of his guilt after recording its finding that
all the links in the chain of circumstances were
proved. The learned trial court also derived support
from the decisions of the Apex Court in Harivadan
Babubhai Patel Vs. State of Gujarat reported in (2013)
7 SCC 45 and Madhu alias Madhuranatha & Anr. Vs.
Page 39 of 56
State of Karnataka reported in (2014) 12 SCC 419 for
drawing up the conclusion.
She also draws support from Harivadan Babubhai Patel vs. State of
16 (1999) 4 SCC 370
17 (2002) 1 SCC 622
18 2005 Cri.L.J. 3732
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nilegaonkar Confirmation Case No. 5-2016-final.odt
Gujarat19, Ronny @ Ronald James Alwaris and Ors. vs. State of
Maharashtra20, and Charandas Swami vs. State of Gujrat and Ors. 21,
to explain how there is no delay in lodging of FIR or any error under
section 313 examination or in matters of identification of accused in Court.
She also states that there is no delay in sending FIR to Court.