SC: Long delay in lodging FIR may be condoned if complainant is reliable

Today, i.e. on 29thMarch, 2019, The Hon’ble Supreme Court, in the matter of P. Rajagopal & Ors. Etc. v. The State of Tamil Nadu pronounced that inordinate delay in lodging the FIR may be condoned if the complainant appears to be reliable and without any motive for implicating the accused falsely.

Normally, the Court may reject the case of the prosecution in case of inordinate delay in lodging the first information report because of the possibility of concoction of evidence by the prosecution. However, if the delay is satisfactorily explained, the Court will decide the matter on merits without giving much importance to such delay. The Court is duty bound to determine whether the explanation afforded is plausible enough given the facts and circumstances of the case. (Para 8)

The delay (in lodging the FIR) may be condoned if the complainant appears to be reliable and without any motive for implicating the accused falsely. (Para 8)

Minor variations in the evidence of witness, if any, which are not directly connected to the crime itself, are inconsequential. (This inference has been drawn on the basis of Para 11)

Copy of judgement:Judgement_29-Mar-2019

-Tushar Kaushik

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