Code of Criminal Procedure, 1973: Section 154.
FIR-Delay in lodging of Effect Held: There is no time limit for lodging of FIR-Hence, delayed FIR is not illegal and fatal to the prosecution case.
FIR-Prompt and immediate lodging of-Advantages-Held: Allows immediate commencement of investigation-Possible concoction of a false version is eliminated.
FIR-Delay in lodging of Reasons-Genuineness of Explained and reiterated.
Criminal Trial:
Witness Testimony of Based on memory-Evidentiary value of Held: A special event creates an impact on the human mind lasting for long- Though routine events may not be remembered yet odd or bizarre happenings stick in the mind indelibly Such events easily get refreshed subsequently.
Criminal Law:
Motive-Establishing of Held: It is generally impossible for the prosecution to establish the precise reason for a crime-Only the possible mental element, which is the cause of a crime, can be established
The appellants-accused were convicted of an offence under Section 302 of the Penal Code, 1860 and were sentenced to undergo imprisonment for life. The High Court confirmed the conviction and sentence. Hence this appeal.
According to the prosecution, the appellants murdered the deceased, packed the dead body in a wooden container and engaged PW-5 (rickshaw- puller) to transport the container to the parcel service centre adjoining a Railway Station. As the load was something suspicious the container was opened and the dead body of the deceased was found wrapped in a gunny bag.
On behalf of the accused, it was contended that the FIR was inordinately delayed and that itself was vitiative factor; that PW-5, a rickshaw-puller, could not have remembered, after many days, that a particular load was transported at the instance of the accused; and that the motive alleged by the prosecution was not established.
Dismissing the appeal, the Court.