Madhya Pradesh High Court: 6-9 Day Delay in Filing FIR "Unnatural" in Attempt to Rape Case

Madhya Pradesh High Court: 6-9 Day Delay in Filing FIR "Unnatural" in Attempt to Rape Case

A 6-to-9-day delay in filing an FIR on an attempt-to-rape case in a landmark judgment declares it "unnatural" with an air of doubting the genuineness of such allegations. The judgment underlines the relevance of prompt reporting of serious offenses such as rape where any undue delay affects the investigation of the case and brings in some discreditability into it.The facts of the case concern an alleged case of attempt to rape, wherein the FIR was filed six to nine days subsequent to the incident. The victim went before the police and complaint that the accused made an attempt to commit sexual assault on her person. What has always been pivotal, however, is the six to nine days' delay since the date of the incident when the FIR was filed. The defense contested that the long time it had taken for the crime to be reported onto their books raised sufficient doubts on the truthfulness of the allegations. It emphasized that it was within this long time, either the facts might have been tampered with or charges might have been invented, given the delicacy of some cases as characterized by personal disputes. Court's Observations Justice Prem Narayan Singh opined that general understanding would be that delay of one or two days in lodging an FIR involving sexual assault or attempt to commit rape may generally be understood to be reasonable enough due to trauma in mind or fear of social stigma or confusion as to what to do. However, the court held that though delay of six to nine days is "unnatural", it needs explanation in its entirety by the complainant with reasons convincing enough to justify such delay. The court acknowledged that delays in reporting crimes of this nature are commonplace, but at the same time explained that victims may face societal pressure, emotional distress, or fear reprisal. The court, however made it clear that, in circumstances before it, where such a vast lapse could not be convincingly explained, the credibility of the allegations was also clouded. The court also pointed out how timely reporting of crime, especially those termed serious like attempted rape, is one way of ensuring the fair determination and retention of the integrity of the evidence in the case. In this case, failure to file the FIR after 6 to 9 days without a compelling reason raised the suspicion over the genuineness of the complaint. Therefore, the High Court held that such delay was unnatural and cast a shadow over attempted rape allegations. According to the court, immediate action from the part of the complainant not only strengthens the case but also assists the crime investigation department in recording potential witnesses and evidence.Judgement of the case at hand reiterates the law of precedents stating that some delays in filing of the report of sexual offenses are justified, yet, those have to be accompanied by a rationale. Courts shall look into these matters with close watch where there has been an unjustified delay in lodging the FIR either as an unexplained injustice or willingly done to fabricate or manipulate it.

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