June 22, 2015

Know that Rape is serious. Police bound to register FIR even if complained after delay of a year: 7 Points:

Know that Rape is serious. Police bound to register FIR even if complained after delay of a year or more :

7 Points:

1) Serious Crime never dies. FIRs can be registered any time.

2) Only small crimes have time lines and time limits.

After some years, small crimes can be registered only after court condones delay.

3) In rape cases, woman often lives under fear many months after crime takes place on her body. She may be afraid of social publicity, defamation, mental trauma etc..

4) So if FIR or complaint is filed after long delay, all she need to do is to explain why the delay took place.

5) Even if she cannot explain delay, it does not mean that trial will not take place. Trial will take place and judge has to check all available evidence including statement of girl on oath.

6) Rape is not compoundable.

The case cannot be compromised by consent of victim.

7) Presently, scientific evidence in rape trials are not of desired standard.

But gradually, evidence regarding DNA, finding of sperm on clothes, injuries on body, email trails, sms exchanges, call records etc should be given more importance.

Haresh Raichura
21/07/2015