New Delhi: Delay in lodging the First Information Report (FIR) by a rape victim cannot be a ground for acquittal of the accused, the Supreme Court has held.

"The courts cannot overlook the fact that in sexual offences delay in the lodging of the FIR can be due to a variety of reasons particularly the reluctance of the prosecutrix or her family members to go to the police and complain about the incident, which concerns the reputation of the prosecutrix and the honour of her family," said a Bench consisting of Justices B.P. Singh and Altamas Kabir. "A girl in a tradition-bound, non-permissive society would be extremely reluctant even to admit that any incident, which is likely to reflect upon her chastity, occurred, conscious of the danger of her being ostracised or looked down upon by society. Her not informing anyone about the incident in the circumstances cannot detract from her reliability." The Bench said that ``in the normal course of human conduct an unmarried girl would not like to give publicity to the traumatic experience she had undergone."

She would feel terribly embarrassed about narrating it. "Overpowered, as she may be, by a feeling of shame, her natural inclination would be to avoid talking to anyone, lest the family name and honour be brought into controversy."

The Bench said ``thus the delay in lodging the FIR cannot be used as a ritualistic formula for doubting the prosecution case and discarding the same on the ground of delay in lodging the FIR. The delay has the effect of putting the court on guard to search if any explanation has been offered for the delay and, if offered, whether it is satisfactory.''

Conviction confirmed

In the instant case, the trial court sentenced Dildar Singh to seven-year imprisonment for raping a 16-year-old minor girl and the Punjab and Haryana High Court upheld the verdict. Dildar appealed to the Supreme Court contending that as there was an inordinate delay in lodging the FIR there was doubt about the prosecution. The Bench rejected his contention and confirmed the conviction.

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