NISHANT

Acquittal in rape case - delay in lodging FIR.

NISHANT MEHROTRA 26 Jan 2018

Acquittal in rape case - delay in lodging FIR.

Bombay HC :: Acquittal in rape case - delay in lodging FIR.


Sole testimony of prosecutrix - Reliability Prosecution case that appellant repeatedly committed sexual  intercourse with prosecutrix which led to cause her pregnancy - Delay of 6-7 months in lodging FIR - Explanation given that as accused has put victim under fear of causing serious bodily injury to her and also to her family members, she could not disclose incident to anybody- After pregnancy, Offence revealed in November, 2000- Complaint however lodged in June 2001 - Delay not satisfactorily explained - Prosecutrix admitted that complaint was lodged after due discussion and deliberation held in meeting of panchas- Thus, delay in lodging FIR caused prejudice to accused - In cross-examination prosecutrix deposed that complaint was lodged as accused failed to pay Rs.10,000/- No DNA test conducted to ascertain paternity of child born allegedly out of rape- Testimony of prosecutrix not supported by any cogent or convincing evidence, hence not reliable - Prosecution failed to prove its case beyond reasonable doubt - Accused acquitted by giving benefit of doubt .


Case:

Lotan Budha CChadhari Vs. State of Maharashtra.



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