Criminal Appeal No. 982 OF 2011
Section 157 CRPC
The accused contended that the FIR was sent late and it was after 11 days that the ilaka magistrate received it. Ombir Singh, who is the accused, had challenged the conviction, which was under section 302 IPC r/w section 34 Indian Penal Code, along with section 27 of the Arms Act.
The judgement Jafel Biswas vs. State of West Bengal was considered wherein similar delay in compliance of section 157 CRPC was in question, along with its legal impact on the trial. In the above-mentioned decision, it was held by the court that acquittal or trial vitiation is not the conclusion when there is delay in sending report. Hence, it was observed that delayed submission of report shall not affect the trial; it is only a ground to challenge the accuracy of the F.I.R., along with its day and time of the lodging.
Delay in sending the FIR to the magistrate in compliance of Section 157 CRPC cannot be a ground to acquit the accused. The criminal appeal was dismissed.
Article 32 of the Constitution