New Delhi, May 26, 2020: The Supreme Court of India reiterated that the delay in forwarding the First Information Report (FIR) to the Magistrate in compliance of Section 157 of Code of Criminal Procedure cannot, in itself, be a ground to acquit the accused.

The Supreme Courtbench comprising Justices NV Ramana, Mohan M. Shanthanagoudar and Sanjiv Khanna, while considering the said contention, the bench noted the judgment Jafel Biswas v. State of West Bengal wherein the effect of delay in compliance of Section 157 of the Code and its legal impact on the trial was examined.

In the said decision, it was held that mere delay in sending the report itself cannot lead to a conclusion that the trial is vitiated or the accused is entitled to be acquitted on this ground.

In the instant criminal appeal, the contention of the accused was that the FIR was belatedly sent and received by the ilaka magistrate (Chief Judicial Magistrate in this case) after 11 days. The accused Ombir Singh had challenged the conviction under section 302 read with Section 34 of the Indian Penal Code, and section 27 of the Arms Act.

"Therefore, delay in compliance of Section 157 of the Code cannot, in itself, be a good ground to acquit the appellant" and by taking note of the evidence on record and facts of the case, the bench proceeded to dismiss the criminal appeal.

News Courtesy:PIB | Hindu| DC | LE | LI | LO | IE | LL | PTI |ht | ET | UNI | DNA | FP | Jurist |IndToday|

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