The importance of prompt lodging of FIR, need for corroboration of testimonies, and the danger of relying solely on uncorroborated evidence in criminal cases.

S.P. GARG, J.

1. Present Revision petition under Sections 397/401 read with Section 482 Cr.P.C. has been preferred by the petitioner to challenge the legality and correctness of a judgment dated 24.02.2015 of learned Additional Sessions Judge in Crl.A.No.22/14 whereby conviction and sentence recorded by the learned Trial Court under Section 354 IPC sentencing the petitioner to undergo Simple Imprisonment for one year with fine Rs. 100/- were upheld. The Revision petition is contested by the respondent/State.

2. I have heard the learned counsel for the parties and have examined the file. Allegations against the petitioner were that on 30.07.2006 at about 6.00 p.m. at complainant’s jhuggi at B-58, Rama Road, Delhi, the petitioner caught hold of victim’s hand with an intention to outrage her modesty and inflicted injuries to her and her sister Anu Beg Bibi. The Investigating Officer after recording victim’s statement (Ex.PW-4/A) lodged First Information Report on 5.10.2006. Statements of the witnesses conversant with the facts were recorded. Upon completion of investigation, a charge-sheet was filed against the petitioner in the court. In order to establish its case, the prosecution examined six witnesses. In 313 Cr.P.C. statement, the petitioner denied his involvement in the crime and pleaded false implication. The trial resulted in conviction as aforesaid. Appeal resulted in its dismissal. Being aggrieved and dissatisfied, the instant Revision petition has been preferred.

3. At the outset, it may be mentioned that there is inordinate delay in lodging the FIR. The occurrence took place at 30.07.2006 at around 6.00 p.m. The victim was taken for medical examination to Deen Dayal Upadhyay Hospital where arrival time was recorded in the MLC (Ex.PW-6/A) as 7.20 p.m. In the MLC, there is no mention of ‘sexual assault’. The victim had not sustained any injuries, whatsoever, on her body. Victim’s sister Anu Beg Bibi was not medically examined for the injuries allegedly sustained by her. The Investigating Agency did not lodge any FIR for the said incident at that time. After delay of more than three months, the complainant opted to lodge complaint (Ex.PW-4/A) forming basis of the registration of the FIR. No plausible explanation, whatsoever, has been offered by the complainant or the Investigating Agency for inordinate delay in lodging the FIR.

4. Early reporting of the occurrence by the informant with all its vivid details gives an assurance regarding truth of the version. In the case of Jail Prakash Singh v. State of Bihar & Anr. 2012 CRI.L.J. 2101 the Supreme Court held :-

“The FIR in criminal case is vital and valuable piece of evidence though may not be substantive piece of evidence. The object of insisting upon prompt lodging of the FIR in respect of the commission of an offence is to obtain early information regarding the circumstances in which the crime was committed, the names of actual culprits and the part played by them as well as the names of eye-witnesses present at the scene of occurrence. If there is a delay in lodging the FIR, it looses the advantage of spontaneity, danger creeps in of the introduction of coloured version, exaggerated account or concocted story as a result of large number of consultations/deliberations. Undoubtedly, the promptness in lodging the FIR is an assurance regarding truth of the informant’s version. A promptly lodged FIR reflects the first hand account of what has actually happened, and who was responsible for the offence in question.”

5. Admitted position is that the petitioner and the victim lived in the neighborhood for the last many years. There is no history of any previous quarrels between them. PW-2 (Md. Ainul Shekh), victim’s husband, admitted in the cross-examination that the petitioner was his neighbour and thus had cordial relations with him. No complaint, whatsoever, was lodged about his behavior or conduct prior to the incident.

6. Vital discrepancies and infirmities have emerged