A attempts to commit the murder of B at about 9.30 a.m. on 02.07.1975. After such an attempt the victim was taken to hospital for treatment...... The F.I.R. was lodged at about 1 p.m. on the same day. Will the F.I.R. be considered to be lodged... Refer to the case law...

Question: A attempts to commit the murder of B at about 9.30 a.m. on 02.07.1975. After such an attempt the victim was taken to hospital for treatment, where he died at about 10.55 a.m. on the same day. The F.I.R. was lodged at about 1 p.m. on the same day. Will the F.I.R. be considered to be lodged with great delay as to make the prosecution case unreliable? Refer to the case law, if any, on the point. Credit will be given if the Supreme Court’s decision is referred on the point.

Find the answer to the mains question only on Legal Bites. [A attempts to commit the murder of B at about 9.30 a.m. on 02.07.1975. After such an attempt the victim was taken to hospital for treatment, where he died at about 10.55 a.m. on the same day. The F.I.R. was lodged at about 1 p.m. on the same day. Will the F.I.R. be considered to be lodged with great delay as to make the prosecution case unreliable? Refer to the case law, if any, on the point. Credit will be given if the Supreme Court’s decision is referred on the point.]

Answer

In cases of criminal prosecution, the timing of lodging the First Information Report (F.I.R.) is an important factor that can impact the reliability and credibility of the prosecution's case. However, the determination of whether a delay in lodging the F.I.R. makes the prosecution case unreliable depends on the specific circumstances and the explanation provided for the delay.

In the given case, A attempted to murder B at around 9:30 a.m. on 02.07.1975. B was taken to the hospital and subsequently died at about 10:55 a.m. on the same day. The F.I.R. was lodged at about 1:00 p.m. on the same day.

Considering the relatively short time span between the incident, the victim's death, and the lodging of the F.I.R. (approximately 3 hours), it may not necessarily be deemed as a significant delay that would automatically render the prosecution case unreliable. The explanation for the delay in lodging the F.I.R. could be attributed to factors such as arranging for medical treatment, attending to the victim's critical condition, and subsequently reporting the incident to the authorities.

In this context, the Supreme Court of India has established the principle that a mere delay in lodging the F.I.R. is not sufficient to discredit the prosecution's case. In the case of Tara Singh and others v. State of Punjab, 1991 Supp (1) SCC 536, the Hon'ble Apex Court in paragraph 4 has observed as under:-

"It is well settled that the delay in giving the FIR by itself cannot be a ground to doubt the prosecution case. Knowing the Indian conditions as they are we cannot expect these villagers to rush to the police station immediately after the occurrence. Human nature as it is, the kith and kin who have witnessed the occurrence cannot be expected to act mechanically with all the promptitude in giving the report to the police. At times being grief-stricken because of the calamity it may not immediately occur to them that they should give a report. After all it is but natural in these circumstances for them to take some time to go to the police station for giving the report…… These are all matters for appreciation and much depends on the facts and circumstances of each case."

In the scenario provided, given the nature of the incident (attempted murder resulting in death), the short time frame involved, and the necessity for medical attention, it is unlikely that the delay in lodging the F.I.R. at 1:00 p.m. on the same day would be considered as a great delay that automatically renders the prosecution case unreliable. The courts would assess the explanation provided for the delay and whether it is consistent with the facts and circumstances of the case.

It's important to note that each case is unique and should be evaluated based on its individual facts and merits. The decision of whether a delay in lodging the F.I.R. affects the reliability of the prosecution's case ultimately rests with the court, taking into account the explanations and circumstances presented.

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