Family's Prestige At Stake In Rape Cases, Delay In Filing FIR Not Fatal To Prosecution If Proper Explanation Given: Jharkhand High Court
The Jharkhand High Court has reiterated that delay in lodging FIR in cases of rape, where the dignity and reputation of the family are on the line, should not be considered fatal to the prosecution's case.Justice Subhash Chand observed,“Indeed, in case of a rape wherein the dignity and prestige of the family is at stake, the time is also taken in deciding whether to lodge the F.I.R. or not....
The Jharkhand High Court has reiterated that delay in lodging FIR in cases of rape, where the dignity and reputation of the family are on the line, should not be considered fatal to the prosecution's case.
Justice Subhash Chand observed,
“Indeed, in case of a rape wherein the dignity and prestige of the family is at stake, the time is also taken in deciding whether to lodge the F.I.R. or not. As such delay in lodging F.I.R. in rape case cannot fatal to prosecution if there is cogent and trustworthy evidence.”
The bench was hearing a 12 years old Criminal Appeal directed against the judgment of conviction and order of sentence passed by the Sessions Judge against neighbour of the victim in an incident dating back to 2008.
As per the prosecution, the 22-year-old mute daughter and her minor sister were alone at the house when the appellant sexually assaulted the former. The incident was disclosed to the informant-father who lodged a FIR after 2 days. Appellant denied the accusations, claiming he was falsely implicated due to an old feud. The order of conviction was passed in 2011.
The appellant's counsel argued that the delay in filing the FIR was detrimental to the prosecution's case and should favour him. However, the prosecution said that informant had first visited the village Munda but he was not found. Next day, the village Munda called the informant to his house and it is then that the FIR was lodged.
Court said the delay in lodging the FIR was properly explained by the prosecution and same cannot be said fatal to the prosecution case. It also said from analysis of evidence that the prosecution had succeeded to prove its case beyond reasonable doubt and the impugned judgment needed no interference.
Accordingly, the Court dismissed the Criminal Appeal and revoked appellant's bail.
Case Title: Janeya Sinke @ Jane vs The State of Jharkhand
Case No.: Cr. Appeal (S.J.) No. 274 of 2011
Counsel/s For the Appellant : Mr. R.P.Gupta, Advocate : Mr. Kunal Kishore, Advocate
Counsel/s For the State : Mrs.Vandana Bharti, A.P.P.
LL Citation: 2023 LiveLaw (Jha) 54