Delay in lodging an FIR cannot be the grounds to seek acquittal in a rape case, ruled the Bombay high court.
Last week, the court was referring to a case in which an illiterate woman from Bengal was raped by two men on March 22, 2001. But the complaint was filed about 20 hours later, as her husband had initially refused to come with her to police station. But later when the neighbours intervened, he went with her and lodged a complaint.
Justice JH Bhatia, while upholding a 10-year rigorous imprisonment sentence granted to the convict, observed: “As far as delay of about 20 hours in lodging the FIR, there appears sufficient explanation. She came from a very poor family and was totally dependent on her husband who was also not willing to support her.”
Although, the medical report did not confirm rape, the court held that her evidence was good enough to nail the accused (convict).
“In the present case, there is no reason to disbelieve the evidence of the prosecutrix who is married with a 15-year-old son. The incident took place at about 2 and 2.30 am. Her mouth was shut and her legs were pressed, she was unable to shout or resist,” observed the court.
The court said none of the neighbours heard her cries as most were labourers who were asleep after a day’s work. When her husband, who worked in the night shift, came home at 5am, he did not pay attention to her pleas as he was drunk. The victim then approached her neighbours, said the court.
“The fact that she approached the neighbours and told them about the incident and with their help, she went to the police station and lodged the report indicates that she wanted justice for the offence committed against her. Therefore, she appears to be trustworthy witness,” said the judgment.
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