LexRAVINDER KUMAR AND ANR. versus STATE OF PUNJAB
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.. RA VIND ER KUMAR AND ANR. A v. STATE OF PUNJAB AUGUST 31, 2001 [K.T. THOMAS AND S.N. VARIAVA, JJ.] B 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 C case. FIR-Prompt and immediate /oJging 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 : D Witness-Testimony of-Based on memory-Evidentiary value of-Held: E 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. F The appellants-accused were convicted of an offence under Section 302 G of the Penal Code, 1860 and were sentenced to undergo imprisonmef!t 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 H 463 464 SUPREME COURT REPORTS [2001] SUPP. 2 S.C.R. 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 Fffi was inordinately delayed and that itself was vitiative factor; that PW-5, a rkkshaw-puller, could B 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 C HELD : 1.1. The attack on prosecution cases on the ground of delay in lodging FIR has almost bogged down as a stereotyped redundancy in criminal cases. It is a recurring feature in most of the criminal cases that there would be some delay in furnishing the first information to the police. Law has not fixed any time limit for lodging the FIR. Hence a delayed FIR is not illegal. D A prompt and immediate lodging of the FIR is ideal as that would give the prosecution a twin advantage. First is that it affords commencement of the investigation without any time lapse. Second is that it expels the opportunity for any possible concoction of a false version. Barring these two .plus points for a promptly lodged FIR the demerits of the delayed FIR cannot operate as fatal to any prosecution case. rt cannot be overlooked that even a promptly E lodged FIR is not an unreserved guarantee for the genuineness of the version incorporated therein. 1469-E-G] 1.2. There can be a variety of genuine causes for FIR lodgement to get delayed. Rural people might be ignorant of the need for informing the police of a crime without any lapse of time. This kind of unconversantness is not F too uncommon among urban people also. They might not immediately think of going to the police station. Another possibility is due to lack of adequate transport facilities for the informers to reach the police station. The third, which is a quite common bearing, is that the with and kin of the deceased might take some appreciable time to regain a certain level of tranquility of G mind or sedativeness of temper for moving to the police station for the purpose of furnishing the requisite information. Yet another cause is the persons who are supposed to give such information themselves could be so physically impaired that the police had to reach them on getting some nebulous information about the incident. [469-H; 470-A-B] H 1.3. The stale demand made in the criminal courts to treat the FIR - RA VlNDER KUMAR v. STA TE OF PUNJAB 465 vitiated merely on the ground of delay in its lodgment cannot be approved as A a legal corollary. In any case, where there is delay in making the FIR the court is to look at the causes for it and if such causes are not attributable to any effort to concoct a version no conse~uence shall be attached to the mere delay in lodging the FIR
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