DELAY IN LODGING FIR IS NOT FATAL IN EVERY CASE:
18 Mr. Sankara Subbu, learned counsel for the appellant placed consistent reliance on the judgment of the Supreme Court in Thulia Kali Vs. State of Tamil Nadu, (1972) 3 SCC 393, wherein, the importance of registration of FIR promptly has been emphasized. It is not an inexorable rule that in every case where there is a delay in registration of FIR, the accused should have to be perforce acquitted. In this case, the incident had taken place on 12.03.2013, around 5.00 p.m. and after intimation from the hospital, the police have gone to the hospital, recorded the statement of Megala (PW1) and has registered the FIR (Ex-P6) about 12.00 noon on 13.03.2013. Thus, within 24 hours of the occurrence, FIR (Ex-P6) has been registered. In Ravinder Kumar and another Vs. State of Punjab, (2001) 7 SCC 690, the Supreme Court has discussed the aspect of delay in the registration of FIR and has held that the delay in lodging FIR is not fatal in every case. In fact, the Supreme Court has further held that just because the FIR has been promptly lodged, that does not mean that the case is genuine and conversely, if the FIR is lodged with delay, the case cannot be said to be a false one.
SECTION 307 IPC ATTEMPT TO COMMIT MURDER – EXAMPLE:
19. Mr.Sankara Subbu, learned counsel for the appellant further contended that the opinion of Dr.Chinnasamy (PW4) that the injury was grievous need not be accepted by the Court and it is always open to the Court to reject it on facts. In support of this contention, he placed strong reliance on the unreported judgment dated 25.10.2016 of this Court in Crl.R.C.No.176 of 2011, Mariappan Vs. State. This Court can have no quarrel on this point. The charge in this case not under Section 325 IPC but one under Section 307 IPC for which injury is not always relevant. For instance, if ‘A’ opens fire at ‘B’ and ‘B’ ducks thereby avoiding the bullet, no injury will be there on ‘B’. Can ‘A’ be acquitted for attempt to murder? The answer is an emphatic “no”.
PARTY: Crl.A.No. 89 of 2014 Sathishkumar vs. State Represented by The Inspector of Police, Siruvalur, Gobichettipalayam Taluk, Erode Dt – 14.12.2018.
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