rape.
DELAY IN FIR:
20. It was contented by the counsel for the accused that there
was a delay in lodging of the FIR which ... event, delay per se is not a mitigating circumstance for the
accused when accusation of rape are involved. Delay in
lodging first information report cannot
committed the rape.
DELAY IN FIR:
25. The contention of the counsel for the accused that there was a
delay in lodging ... there is no delay in
lodging the FIR as the prosecutrix lodged the complaint as early as possible.
The delay in lodging the report raises
that delay in filing FIR by itself cannot
be a ground to doubt the prosecution case and discard it. The delay in lodging ... even, delay per se is not a mitigating circumstance for the accused
when accusations of rape are involved. Delay in lodging the first information report
such delay, the delay would be fatal to the prosecution.
However, if the delay is explained to the satisfaction of the Court, the delay ... even, delay per se is not a mitigating circumstance for the accused
when accusations of rape are involved. Delay in lodging the first information report
lodging the FIR or
delay could be attributed to the false implication of the case.
33. As regards delay in lodging ... event, delay per se is
not a mitigating circumstance s for the accused
when accusation of rape are involved. Delay in
lodging first information report
record.
9. Ld. Counsel for accused has contended that there is delay
in lodging the FIR. No alarm was raised by the prosecutrix when ... Court is to look for
plausible explanation for the delay in lodging the report. Delay
sometimes affords opportunity to the complainant to make
deliberation upon
slow in reporting
the matter to the police, therefore, the delay in lodging the
FIR has rightly been held to be not fatal. The doctor ... been
challenged by the defence primarily on three grounds, firstly,
delay in lodging First Information Report (Ex.P/1); secondly,
lack of corroboration from independent
which no
satisfactory explanation has come as such the delay in lodging the FIR is also fatal
Crl.A.254/2016 Page ... satisfactorily
explain the delay and there is possibility of embellishment in prosecution version
on account of such delay, the delay would be fatal
contended on behalf of the appellant that there is an inordinate delay in lodging the F.I.R., inasmuch as per the chik report, Exhibit ... fatal to the prosecution case. This vital aspect regarding an inordinate delay in lodging the F.I.R., not only makes the prosecution case improbable
Counsel for the appellant has submitted that there is inordinate delay in lodging the F.I.R. Inasmuch as the occurrence is said to have ... with a very young girl. Generally, in cases of rape, the delay in lodging the F.I.R. is really of no consequence
