CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints Minimum Wages Cannot Be Ignored While Determining Just Compensation: Andhra Pradesh High Court Re-Fixes Income of Deceased Mason, Enhances Interest to 7.5% 34 IPC | Common Intention Is Inferred From Manner Of Attack, Weapons Carried And Concerted Conduct: Allahabad High Court Last Date of Section 4 Publication Is Crucial—Error in Date Cannot Depress Market Value: Bombay High Court Enhances Compensation in Beed Land Acquisition Appeals Order 26 Rule 10-A CPC | Rarest of Rare: When a Mother Denies Her Own Child: Rajasthan High Court Orders DNA Test to Decide Maternity Acquittal Is Not a Passport Back to Uniform: Punjab & Haryana High Court Upholds Dismissal of Constable in NDPS Case Despite Trial Court Verdict Limitation Under Section 468 Cr.P.C. Cannot Be Ignored — But Section 473 Keeps the Door Open in the Interest of Justice: P&H HC Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness Employee Cannot Switch Cadre At His Sweet Will After Accepting Promotion: J&K High Court Rejects Claim For Retrospective Assistant Registrar Appointment Anticipatory Bail Cannot Expire With Charge-Sheet: Supreme Court Reiterates Liberty Is Not Bound by Procedural Milestones Order II Rule 2 Cannot Eclipse Amendment Power Under Order VI Rule 17: MP High Court Refuses to Stall Will-Based Title Suit Grounds of Arrest Must Be Personal, Not Formal – But Detailed Allegations Suffice: Kerala High Court Upholds Arrest in Sabarimala Gold Misappropriation Case Grounds of Arrest Are Not a Ritual – They Are a Constitutional Mandate Under Article 22(1): Allahabad High Court Sets Aside Arrest for Non-Supply of Written Grounds Sect. 25 NDPS | Mere Ownership Cannot Fasten NDPS Liability – ‘Knowingly Permits’ Must Be Proved Beyond Reasonable Doubt: MP High Court Section 308 CrPC | Revocation of Pardon Is Not Automatic on Prosecutor’s Certificate: Karnataka High Court

Delay in FIR and Manipulated Evidence: High Court Upholds Acquittal in Assault Case”

13 February 2025 2:52 PM

By: Deepak Kumar


Subheadline: The court stresses the critical importance of timely FIR registration and questions the credibility of medical evidence presented.

High Court of Punjab and Haryana at Chandigarh has upheld the acquittal of three accused in an assault case, citing unexplained delay in the lodging of the FIR and potential manipulation of medical evidence. The decision reaffirms the trial court’s judgment, stressing the critical importance of timely FIR registration to ensure the credibility of the prosecution’s case.

Facts of the Case:
The case pertains to an incident on the night of May 17, 2014, when Banwari Lal, a tractor driver, was allegedly assaulted by Karam Chand and his sons Bablu @ Suraj and Baljit Singh, along with two others, Ramesh and Billu. According to the prosecution, Banwari Lal was intercepted, forcibly taken to Karam Chand’s house, and beaten, resulting in head injuries. He was found the next morning and taken to the hospital, where he was declared unfit to make a statement until May 23, 2014. An FIR was registered the same day. The trial court acquitted the accused on May 19, 2017, citing delays and potential evidence manipulation. The State of Haryana filed an appeal against this acquittal.

Court Observations and Views:
Delay in FIR Registration:
The High Court highlighted the significant delay in lodging the FIR, emphasizing that timely registration is crucial to avoid suspicions of embellishment. The court noted, “Unexplained delay in lodging the FIR may give rise to suspicion and could potentially affect the credibility of the prosecution’s case.”

Manipulated Medical Evidence:
The court scrutinized the medical evidence, finding inconsistencies and potential manipulation. Justice Karamjit Singh remarked, “The complainant was found fully fit and well-oriented at the time of his medico-legal examination, yet subsequent endorsements declaring him unfit to make a statement appeared to be manipulated to gain time for fabricating a tainted version of the incident.”

Witness Testimonies:
The court examined testimonies from various witnesses, including medical professionals who treated Banwari Lal. It found discrepancies in their statements and the medical records, further supporting the trial court’s conclusion of potential manipulation.

Legal Reasoning:
The High Court emphasized the principle that FIRs should be filed promptly to ensure the integrity of the evidence. The judgment reiterated, “Delay in lodging the FIR, if not satisfactorily explained, can be considered fatal to the prosecution’s case.”

Quotes from the Judgment:
Justice Karamjit Singh stated, “Endorsements declaring the complainant unfit to make statements were manipulated by the complainant to gain time for introducing a tainted version, after due deliberations with the police officials.”

Conclusion: The High Court’s dismissal of the appeal underscores the judiciary’s commitment to upholding procedural integrity in criminal cases. By affirming the trial court’s findings, the judgment sends a clear message about the necessity of timely FIR registration and the reliability of medical evidence. This decision is expected to influence future cases, reinforcing the importance of prompt and accurate legal processes.


Date of Decision: July 30, 2024
 

Latest Legal News