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...acquittal of respondent No. 2, has observed as under:-“In the present case there is unexplained delay of 17 days in lodging the FIR. This delay has not be...that there is unexplained delay of 17 days in lodging the FIR and prosecution has failed to explain this delay in lodging the FIR. There is also previo...SABINA, J.Respondent No. 2 had faced the trial qua commission of offence punishable under Section 354, 451 of the Indian Penal Code (‘IPC’ for short) in FIR No. 94 dated...
...admitted by PW7 Inspector Parminder Singh, who was the Investigating Officer of the case.6. There was delay of sixteen hours in lodging of the FIR and there is no explanation on the file ...have been passed on by him to the appellant and, that too, before lodging of the FIR. In the event of such an information being conveyed to him, the appellant would have named the accused while...lodging the FIR. However, fact remains that no such mention was made in the FIR about the identity of the accused at the time of lodging of the FIR.4. While deposing before the tria...
...in the working condition. However, the FIR was lodged on 16.11.1998 at 11:45 A.M and this delay in lodging the FIR has not been explained by the prosecution by showing the sufficient caus...version of the FIR. In the cross-examination, he stated that government vehicle was provided to him. He further stated that the place of occurrence is at a distance of 5 Kms from the police station and...16.11.1998 they had not come in the police station in the morning. Thereafter this witness stated that they had come in the police station at about 12-1 PM on 16.11.199810. PW3 is...
...unexplained delay in lodging the FIR. I find no merit in it. In sexual offence cases, delay in lodging the FIR is not always ...:“…..The unusual circumstances satisfactorily explained the delay in lodging of the first information report. In any event, delay per se is not a mitigati...her by a police official namely Krishna. She was taken from one Police Station to the other before lodging the report on 02.09.2007 The delay in lodging the FIR has, thus, been duly explained. The...
...considered opinion, the incident in question stands not proved against the accused and unexplained delay in lodging the FIR in the instant case is also fatal. ...the accused. At the end of the trial, the accused was acquitted on the ground that there was unexplainable delay in lodging the report and further that the statement of the prosecutrix did not...material contradiction and discrepancy in the statement of the prosecutrix. Even it is not corroborated in material particulars on record. She stated that on 11.11.2004 when she was raped by the accused...
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...notified at 12.05 a.m. The fact of prompt lodging of the First Information Report itself is indicative of bona fides on the part of the complainant party. Though it is true that mere unexplained delay ...will in favour of my sons. Gulzar Singh is not having any Male child. He wants to grab the property of Tara Singh. After committing his murder he implicated me in this false case. Tara Singh was..., appellant - Alakh Singh was indeed prosecuted in case FIR No. 38 dated 13.06.1987 registered at Police Station Kharar but he was exonerated from liability as Gulzar Singh did not support the...
...and its transmission to a foreign agent or to a foreign country was practically prevented. Even otherwise, unexplained delay in lodging the FIR by itself is not fatal to the pros...involvement of the present appellant in the criminality with which he was charged. It is true that the prosecution has not explained the delay in lodging the FIR in its technical...9th May, 1986 and the FIR at Exh. 130 on the record of the case was admittedly lodged on 20th May, 1986. Shri Barejia for the appellant has further submitted that this delay in lodging the FIR has ...
...chance of concoction, deliberation and colourful version being presented due to delay, it assumes significance. Whether the delay in lodging the fir is fatal to the prosecution case or .... 30 p. M. On 26. 12. 1996. Therefore, there was delay of more than 5 days in lodging the f. I. R. The delay in lodging the f. I. R. Per se is not fatal to the prosecuti...the prosecutrix which is full of contradictions. He has further argued that the delay in lodging the f. I. R. Has not been satisfactorily explained in this case and that the material witnesses, th...
...Bhat and Others, reported in 2017 (4) JKJ 41, wherein, the para 29 & 32 read as under;
"29…….the inordinate delay in lodging the FIR has not...incident of theft. However, no any explanation has been given for the delay of lodging the FIR. The allegation brought in the FIR is totally false and concocted one. There is no any state....
"32…. Law in regard to the effect of delay in lodging the FIR by now is well settled. In Kanhaiya Lal and Ors. v State of Rajasthan, (...
...finding of guilt and resultantly the sentence imposed on the appellant by submitting that the prosecution has failed to bring home the guilt of the accused and has committed a grave error in not being appreciative of the discrepancy...(supra) for the proposition that the delay in lodging the FIR often result in embellishment and is reflective of after- thought is not applicable to the present case on account o...forward from the accused in his statement recorded under Section 313 of the Code of Criminal Procedure. The mere delay in lodging FIR cannot be said to be fatal to the case of prosecution as PW 1 ...
...and as such the delay of four days in lodging FIR remains unexplained. Law is well settled that FIR must be lodged with promptitude and delay if properly explained is ...been highlighted. Delay in lodging the first information report, more often than not, results in embellishment and exaggeration, which is a creature of an afterthought. A delayed report ...that even when there is delay in lodging FIR still the other evidence is also required to be looked into as the delay in lodging FIR may be one of the factor ...
...unexplained delay in lodging the FIR which is fatal to the prosecution in this case. There is yet another angle for looking it that the FIR which has been lodge.... This delay again remains unexplained. Thus, we are of the opinion that investigation of this case had not been fair. There is one more feature in this respect and i.e that neither the message which has...was 13 Km away from the police station. No Report was lodged till 6.00 p.m of the 3rd Sept, 1987 i.e to say that there is a delay of 48 hours in lodging the report. This delay of 48 hours is souah...
.... They have not given any explanation as to what they did after witnessing the assault on the deceased. Additionally, the unexplained delay of more than one day in lodging the FIR casts serious do...were busy attending to the injured Kalu Singh, the mere delay in lodging the FIR should not have been given undue importance. It was also submitted that the medical evidence shall in no way rule o...note of the fact that there was unexplained delay in lodging the report. It found the presence of PWs 3, 4 and 8 at the alleged spot of occurrence to be improbable. Additionally, the medical evidence...
..., Exbt.-3, Mr. Chowdhury, learned Senior Counsel submits that there has been a delay of 4 months in lodging the FIR for which no explanation was offered and such unexplained inordinate delay ...deceased i. e. he would be killed.
(17) As regards the delay in lodging the FIR, the position has been explained by the prosecution. The occurrence of murder was not disclosed by PW-1 due...submits that the delay in filing the FIR would in no way affect the prosecution case considering the fact that the police registered the case immediately after getting the information and started...
...there was delay in lodging the FIR and in dispatch of the report to the Illaqa Magistrate, this also has been elaborately dealt with by the High Court. Delay in lodging ...was pointed out that there was unexplained delay in lodging the FIR and in dispatch of the copy of the report to the Illaqa Magistrate.10. Learned counsel for the...about 18 km and from Dhanana to Mundhal is about 12 km. Investigating officer has categorically stated that there was flood in the areas. In the FIR it was specifically stated that the occurrence took...
...delay in lodging the FIR, which has remained unexplained, is fatal to the prosecution case; and, above this all, the appellant has not been afforded adequate opportunity to defen...has contended that the delay in lodging the FIR has remained unexplained and is fatal to the prosecution case. However, delay in lodging the FIR by its...opportunity to defend himself. Delay in lodging the FIR, according to the learned State counsel, has been sufficiently explained.13. No other or further point has been urged on either...
...trial court that Kalpana Devi-victim was unconscious, how the Fardbeyan was recorded by the police, that too after much belated stage after her admission at Parwati Clinic, is not explained by the prosecution and, therefore, ...the learned trial court deserves to be quashed and set aside. It is further submitted by the counsel for the appellants that there is a gross unexplained delay in lodging the FIR. The inc...the side of the prosecution to explain the delay in lodging the FIR or in recording the Fardbeyan as the prosecution has failed to explain the delay, which is fatal to the prosec...
...assailing the findings of the learned Additional Sessions Judge, is that there is considerable delay in lodging of FIR, which is unexplained and, therefore, the prosecution case ...contradiction and unexplained delay of 9 days which to my mind is fatal to the prosecution case as the delay has not been explained satisfactorily.
13. Further an inquiry ..., would not be present at 8.00 p.m. either in the house or in vicinity of the house. The locality itself is a crowded locality. The prosecutrix is stated to have raised hue and cry, which would ordinarily...
...Singh that there is an unexplained delay in lodging the FIR in the police station and also no explanation is forth coming on record as to why PW2 did not lodge the repor...medical evidence, as described here-in-above.
22 Moreover, in injury case, mere delay in lodging the report to the police is not at all fatal to the prosecution...endorsement at 4.30 P.M. and sent the same to the police station where FIR (Ex.PA/1) was registered at 6.30 P.M. on 15.03.1996. It means, the delay in lodging the FIR is duly explained in...