Sec. 154 – Delay – If properly explained – cannot fatal the prosecution
It is no doubt that there is a delay of about 30 hours in lodging the first information. The incident had taken place at 11:30 p.m. on 14.10.1973 and the first information was lodged at 4:00 a.m. on 16.10.1973. In our considered opinion, the prosecution has fully and satisfactorily explained the delay in lodging the first information. PW11 is a resident of a remote village and she was an illiterate and poor lady. Besides, she had personally seen her son being throttled and being taken away by the accused persons. She was threatened with dire consequences by one of the accused, namely Shesh Badan Singh, who was holding a gun. Not even a suggestion is made by the defence that the family of the deceased was powerful or influential. Even a suggestion is not made that they are rich people. Under such circumstances, the trial Court and the High Court are justified in taking into consideration all the relevant factors including the explanation offered by the informant as well as PW15 to conclude that the prosecution had proved satisfactorily the reasons for delay in lodging the first information.
➡️Kameshwar Singh V. State of Bihar
◼️2018 (3) Supreme 550