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
short delay; hence, it is liable to be
condoned on its own. The law on delay in lodging the first information
report has been misconstrued ... jurisdiction to
condone the delay on their own. The prompt first information report
has its importance. The delay in lodging the first information report
raises
CriLJ 258 [Mst. Viran
Wali Vs. State ].
(ii) Inordinate Delay of 2 Years In Lodging FIR Against
Petitioner/Convict:-
It is argued, that ... than 2 years FIR has
been lodged against accused, the inordinate delay in
lodging FIR has remained unexplained which quite often
results in embellishment which
dated
10.10.2022 and acquittal of appellant on the following grounds:-
(i) Delay In Lodging FIR:-
It is argued, that occurrence of rape as attributed ... prosecutrix as disclosed in the FIR which has been lodged after a
delay of 38 days. PW-1 (prosecutrix) in her deposition before the Trial
Evidence Act.
b) So far the point of delay in lodging the FIR as raised
by the Ld Advocate of the appellant, is concerned ... 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
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 ... delay in its registration."
26. Having considered the observations made by the Ld. Trial Court
on the aspect of delay in lodging
upon material fact which had been recorded as prosecution evidence. The delay in lodging the F.I.R. has been explained. The evidence ... given any plausible explanation of such delay.
24. It is settled principle of law that the delay in lodging
plank of challenge to the conviction by the appellants
is to delay in lodging of the FIR based on the statement of Rahul ... 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
doubt and acquitted on the ground
of delay alone. It is settled position that delay in lodging the FIR is not
always fatal ... lodging the delay. The
question in such cases is whether there is explanation for delay in
lodging of the FIR and whether the said explanation
doubt and acquitted on the ground
of delay alone. It is settled position that delay in lodging the FIR is not
always fatal ... lodging the delay. The
question in such cases is whether there is explanation for delay in
lodging of the FIR and whether the said explanation
