2.Whether the justification of delay in FIR can be accepted or not?

It is humbly submitted before the hon’ble Court that justification of delay in FIR should be accepted
as this is case of kidnapping threat and intoxication under section 328,363,366A,506 of minor girl. As
the girl was a minor it took her time to realise what exactly was happening to her.

 Defame in society

2.1.a When an individual woman accompanied by her relatives or Neighbours approaches the police
stations, she is faced with either a hostile or indifferent attitude of the custodians of law and order.
Lewd remarks, jokes, innuendoes, weird smiles and cynical laughter are used by the police force to
generate fear and uneasiness in the minds of the victim seeking legal redress. The National
Conference of Rape 19901 declared, “A woman victim of rape is raped twice - first by the culprit and
then by the criminal justice system”. Thus, this fear leads to a delay of FIR.

2.1.b. In the case of State of Rajasthan v. Om Prakash [8] 2 the Supreme Court noted that there was
delay of nearly twenty-six hours in lodging the FIR. But this did not distress the prosecution's case as
the case related to rape of a minor and in such case the name and status of the family and career
and life of the victim was involved.

 Criminal Intimidation or threatening

2.2.a. Section 506 of Indian Penal Code defines Punishment for criminal intimidation as Whoever
commits, the offence of criminal intimidation shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both; If threat be to
cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause
the destruction of any property by fire, or to cause an offence punishable with death or
1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to
impute, unchastity to a woman, shall be punished with imprisonment of either description for a term
which may extend to seven years, or with fine, or with both.

Criminal intimidation could be a major reason for delay on lodging FIR in case of a minor girl as it is
very easy to threaten a girl of age of 16 years as she is badly attached to her family and friends.

2.2.b. In judgement recorded in case State of Andhra Pradesh v. Gangula Satya Murthy, JT 1996 (10)
SC 5503 honourable supreme court stated that It is an irony that while we are celebrating women's
rights in all spheres, we show little or no concern for her honour. It is a sad reflection and we must
emphasize that the courts must deal with rape cases in particular with utmost sensitivity and
appreciate the evidence in totality of the background of the entire case and not in isolation."

2.2.c. In Tulshidas Kanolkar v. The State of Goa, (2003) 8 SCC 590 4, wherein it was held by the
Supreme Court as follows:

"The unusual circumstances satisfactorily explained the delay in lodging of the first information
report. In any event, delay per se is not a mitigating circumstances for the accused when accusation
of rape are involved. Delay in lodging first information report cannot be used as a ritualistic formula
for discarding prosecution case and doubting its authenticity. It only puts the court on guard to
search for and consider if any explanation has been offered for the delay. Once it is offered , the

1
The National Conference Of Rape 1990
2
State of Rajashtan v. Om Prakash [8]
3
Andra Pradesh v. Gangula Satya Murthy, JT 1996 (10) SC 550
4
Tulshidas Kanolkar v. The State Of Goa , (2003) 8 SCC 590
Court is to only see whether it is satisfactory or not. In a case if the prosecution fails to satisfactory
explain the delay and there s possibility of embellishment or exaggeration in the prosecution version
on account of such delay , it is a relevant factor.