Delay in lodging FIR | A is alleged to have committed the murder of B. The FIR was lodged after two days while the police station was only one mile away from the place of occurrence. Delay in lodging FIR was reasonably explained by the prosecution. The trial court convicts A relying on the F.I.R. Is the conviction of A by trial court valid?

Question: Delay in lodging FIR | Delay in lodging FIR | A is alleged to have committed the murder of B. The F.I.R. was lodged after two days while the police station was only one mile away from the place of occurrence. Delay in lodging F.I.R. was reasonably explained by the prosecution. The trial court convicts A relying on the F.I.R., as the witnesses have supported the prosecution case mentioned in the F.I.R. Is the conviction of A by trial court valid? Give reasons in support of your answer.

Find the answer to the mains question only on Legal Bites. [Delay in lodging FIR | A is alleged to have committed the murder of B. The FIR was lodged after two days while the police station was only one mile away from the place of occurrence. Delay in lodging FIR was reasonably explained by the prosecution. The trial court convicts A relying on the F.I.R. Is the conviction of A by trial court valid?]

Answer

FIR cannot be regarded as substantive evidence and it has definitely got probative value as it gives first-hand information about the offence and can be used in corroboration. Due to this crucial role played by FIR, it becomes the duty of the informant to lodge the FIR at the earliest possible time.

In the facts of the present case conviction of A by the trial court is valid due to the following reasons –

• The delay was reasonably explained,
• The facts stated in the FIR were corroborated by the witness
• The witness was trustworthy and credible.

In the case of Rajasthan v. Om Prakash, it was observed by the apex court that there was a delay of 26 hours in lodging the FIR but still the prosecution case would not be affected because the matter pertained to a serious offence and could not be avoided merely of delay in lodging FIR.

Delay must be reasonable, if it is not reasonable then it cannot be fatal to the case of the prosecution. Delay in lodging the FIR can lead to the quashing of the FIR. Definitely delay causes suspicion in the eyes of the court and the judges with caution try to find out the truth.

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