Supreme Court Quashes Rape Case As FIR Was Lodged 34 Years After The Alleged Incident - 2024-01-17

The Supreme Court of India has quashed a rape case as the First Information Report (FIR) was lodged 34 years after the alleged incident. The bench comprising Justices Ajay Rastogi and Bela M. Trivedi observed that the delay in lodging the FIR was "inordinate, unexplained, and unacceptable"..
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The case pertains to an incident that allegedly took place in 1988 in Madhya Pradesh. The victim, who was a minor at the time, alleged that she was raped by the accused, who was her neighbor. However, the FIR was not lodged until 2022, after the victim approached the police with her complaint..
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The accused challenged the FIR in the Madhya Pradesh High Court, which upheld the FIR. The accused then approached the Supreme Court..
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The Supreme Court, in its judgment, noted that the delay in lodging the FIR was "fatal to the prosecution case". The court observed that the victim had not provided any explanation for the delay, and that there was no evidence to suggest that the accused had been evading arrest..
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The court also noted that the accused had been living in the same locality as the victim for the past 34 years, and that there was no evidence to suggest that he had threatened or intimidated the victim..
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The court concluded that the delay in lodging the FIR had prejudiced the accused's right to a fair trial. The court observed that the accused would be unable to effectively defend himself against the allegations made against him after such a long period of time..
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The court also noted that the delay in lodging the FIR had caused unnecessary harassment and mental agony to the accused. The court observed that the accused had been subjected to public ridicule and humiliation as a result of the allegations made against him..
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The court held that the delay in lodging the FIR was a violation of the accused's fundamental right to life and liberty under Article 21 of the Constitution of India. The court quashed the FIR and set aside the order of the Madhya Pradesh High Court..
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The judgment of the Supreme Court is a significant development in the law relating to rape cases. The court has held that a delay in lodging an FIR can be fatal to the prosecution case, and that such delay can prejudice the accused's right to a fair trial.