Cannot throw out sexual assault case merely on ground of delay in lodging FIR: Kerala High Court

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Justice Kauser Edappagath held delay in reporting sexual offences should not be viewed through the same lens as delay in reporting other crimes, especially in tradition-bound societies like ours

"The delay in the sexual offence has to be viewed differently. The delay in a case of sexual assault cannot be equated with a delay in a case involving other offences since several factors weigh on the mind of the victim and members of her family. In a tradition-bound society like ours, particularly in rural areas, it would be quite unsafe to throw out the prosecution case merely on the ground that there was a delay in lodging the FIR," the judgment stated.

"The delay in the sexual offence has to be viewed differently. The delay in a case of sexual assault cannot be equated with a delay in a case involving other offences since several factors weigh on the mind of the victim and members of her family. In a tradition-bound society like ours, particularly in rural areas, it would be quite unsafe to throw out the prosecution case merely on the ground that there was a delay in lodging the FIR," the judgment stated.

Such delays become fatal only if there are other doubts regarding the veracity of the prosecution case.- The Court

"The delay in a case of sexual assault cannot be equated with a delay in a case involving other offences since several factors weigh on the mind of the victim and members of her family."

Kerala High Court