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Even Long Delay In Registration Of FIR Can Be Condoned If Witness Has No Motive For Falsely Implicating The Accused

In PALANI vs STATE OF TAMIL NADU, the appeal was filed by the appellants complaining that  there was delay in registration of FIR and that the FIR reached the court only at 05.00 AM on the next day i.e. on 20.08.1996 after the inquest was over. Learned counsel for the appellant submitted that only after the inquest was over, complaint was prepared and FIR was registered and that is why, the FIR is verbatim repetition of the inquest report.

The Supreme Court while noting that the said complaint have been heard and dismissed by the lower courts, held that delay in setting the law into motion by lodging the complaint is normally viewed by the courts in suspicion because there is possibility of concoction of evidence against the accused. In such cases, it becomes necessary for the prosecution to satisfactorily explain the delay in registration of FIR. But there may be cases where the delay in registration of FIR is inevitable and the same has to be considered. Even a long delay can be condoned if the witness has no motive for falsely implicating the accused.

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