trial judge, undue weightage has been
given to the factum of delay in lodging the FIR and the
consistent, coherent and overwhelming depositions ... learned trial Judge has
rejected prosecution version for peripheral reasons, like
delay in lodging FIR, which has been sufficiently explained,
and assumed enmity
inordinate delay shambles confidence of the Court in the prosecution story, which attributes serious dent to their testimonies.
23. The inordinate delay in lodging ... such delay, the delay would be fatal to the prosecution.
However, if the delay is explained to the satisfaction of the court, the delay cannot
trial judge, undue weightage has been given to the factum of delay in lodging the FIR and the consistent, coherent and overwhelming depositions ... learned trial Judge has rejected prosecution version for peripheral reasons, like delay in lodging FIR, which has been sufficiently explained, and assumed enmity
behalf of prosecution and delay in lodging F.I.R. is not fatal in the facts and circumstances of the case.
24. Regarding delay ... social condition of complainant can be taken into account while considering delay in lodging F.I.R.
In case of Vishwanathan Vs. State reported
lodged on 14.11.2000 and no explanation has been given for this delay in lodging the report. It is also contended that the prosecutrix ... Apex Court held that undue delay in lodging the complaint without acceptable evidence has contributed doubt in the prosecution case. The Apex Court was dealing
either PW-3 or Dr. PW-1. There is delay in lodging the First Information Report of this case, which has not been properly explained ... such delay, the delay would be fatal to the prosecution. However, if the delay is explained to the satisfaction of the Court, the delay cannot
delay in that regard too, without disclosing the date and time at which the deceased had left his home. The delay in lodging the missing ... such delay, the delay would be fatal to the prosecution. However, if the delay is explained to the satisfaction of the court, the delay cannot
discarding the same solely on the ground of delay.
Undoubtedly, the delay in lodging the F.I.R. does not make the
prosecution case improbable ... such delay, the delay would be fatal
to the prosecution. However, if the delay is
explained to the satisfaction of the court, the
.
delay cannot
also pleaded that F.I.R. of this case was lodged with delay, whereas police station was situated at short distance. The trial Court ... accused, due to his fear. Thus, delay has been explained. On the point of delay for lodging F.I.R., the following case
lodged with delay. There is no hard and fast rule that any length of delay in lodging FIR would automatically render the prosecution case doubtful ... lodging the FIR but the delay has been satisfactorily explained, therefore, the argument regarding delay in lodging the FIR from the side of defence
