them falsely. He next submitted that in view of the inordinate delay in lodging the FIR, the credibility of the prosecution version as spelt ... 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
with regard to the explanation for the delayed
lodging of the F.I.R. and that the delay in lodging ... delay introduces serious
infirmity in the prosecution case against accused. In the sexual
offence, it is no doubt true that mere delay in lodging
well as the documentary evidence on record. The reasons for delay in lodging of the F.I.R. are to be found in the circumstances ... 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
forensic evidence.
DELAY IN FIR
31.The contention of the counsel for the accused that there was a delay
in lodging of the FIR which ... prosecution regarding the
delay. No reasonable or logical explanation is coming from the
prosecution regarding the delay in lodging
forth by learned counsel for the appellants that there is inordinate delay in lodging the FIR and there is no explanation for the delay, which ... away from the place of occurrence. There is no explanation regarding delay in lodging the FIR. No doubt, mere delay in lodging the FIR cannot
three
fold. 1) The Courts below failed to appreciate the delay in lodging the
complaint which is fatal to the case of prosecution ... that the prosecution has assigned cogent and valid
reasons for the delay in lodging the complaint. She further submitted
that the findings recorded
against
the accused on the record. There is an unexplained delay in the
lodging of FIR. There is no medical or forensic evidence against ... taken and
sent for forensic examination (since there is a gross delay in
lodging of FIR).
91. It may be mentioned here that
lodging the FIR which was lodged after due deliberation and
consultation.
40. The contention of the prosecution that there is no 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
confidence or the witnesses reliable and trustworthy;
(b) there is inordinate delay in lodging the FIR and also
::: Downloaded on - 15/04/2017 ... lack of prejudice
and/or prejudice caused because of such delayed
lodging of FIR does not per se apply to cases of
rape
lodging the complaint.
The incident said to have happened on 29/11/2008
but the complaint lodged on 01/12/2008, the
delay ... delay
and her evidence is full of inconsistencies and not specific, she
has assigned different reasons/versions with regard to delay in
lodging the complaint
