A1981 (abc) 19 July 2012

Delay in lodging fir

(1) How fatal It would be for the prosecution If there is a considerale amount of delay in lodging the FIR, say 4 days.

The initail proceedings like enquest and PM happend just after the incident and FIR lodged after 4 days from the incident though the complainant was persent during the enquest and there has been no allegation till then.

How come the FIR is valid because the police has already started the initial investigation like enquest, PM etc... that means it has been informed before. That means this FIR is lodged during the investigation.

(2)One more thing the first witness statement recorded by police is after 20 days from the day FIR has been lodged

Please share your views on the above points for the defense of the case

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3 Replies

v.b.b.sastry (Sr.A.P.P) 20 July 2012

2010 CRI. L. J. 29

Point of Law : - FIR is not be- all and end- all of the prosecution case.Discrepancies in FIR doest not affect the prosecution case.

If the investigating agency is able to collect reasonable evidence against the accused persons and such evidence stands the scrutiny of the court, then such a discrepancy, as shown in that case, need not be fatal. The delay should be explained by the prosecution if it mentioned in the FIR.Otherwise it is fatal.

A1981 (abc) 21 July 2012

Hi,

What if it is found that delay is not explanatry to the satisfaction of court. Complaint has provided completely contradictory explanation available on affidevits. The case is dowry death .... how come the allegation of dowry demand and torture can come up 4 days after the incident. Had been their any misconduct then they should have lodged the FIR immediately or should have alleged atleast in the enquest ..

If the accused other than the husband were not residing with deceased, will it help if chargesheet is challanged ? the case is clearly a suicide, complainant has misconduct over phone

Pl. let me know your views...