No Explanation For Delay Of 4-5 Yrs In Filing FIR: Rajasthan High Court Grants Bail To Rape Accused

The bench of Justice Kuldeep Mathur was hearing an appeal filed by the accused challenging the order of the special judge under the Act that rejected his bail application.

It was the case of the appellant that no allegations of sexual assault/rape were levelled against him by the prosecutrix in the FIR or in the statement given to the police. It was stated that it was only to build a false case against him that the allegations of sexual assault were levelled by her in the statement given to the magistrate.

In the said statement, it was stated that the appellant had sexually assaulted her 4-5 years prior to the date of filing the FIR. The counsel for the appellant argued that no explanation was provided by the prosecutrix explaining the delay in lodging the FIR.

After hearing the arguments and taking into account the facts and circumstances of the case, the Court agreed with the argument put forth by the counsel for the appellant that no explanation was provided by the prosecutrix for the delay in filing the FIR. Furthermore, the Court also took into account the fact that more than 980 phone calls were exchanged between the prosecutrix and the appellant on different dates indicating that they were in constant touch. Considering these two aspects primarily, the Court allowed the bail application. It held:

“After perusal of the statements of prosecutrix recorded under Section 164 Cr.P.C., this Court prima facie finds that prosecutrix, in her statements, stated that she was subjected to forcible sexual assault/rape about 4-5 years from the date of lodging the FIR. This Court also prima facie finds that no plausible explanation has been furnished by the prosecutrix for lodging the FIR after a huge delay of 4-5 years.”

Accordingly, the appeal was allowed.

Title: Shrawan Ram v State of Rajasthan and Anr.

Citation: 2024 LiveLaw (Raj) 136

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