Delay In Reporting Sexual Offences To Be Viewed Differently, Can’t Be Equated With Delay In Other Cases
Case: XXX v. State Of Kerala & Anr.
Coram: Justice Kauser Edappagath
Case No.: CRL.A NO. 649 OF 2021
Court Observation: “The delay in 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 delay becomes fatal only in a case when there is doubt as to the genesis or genuineness of the prosecution case.”
“It is settled that, the evidence of a victim of sexual offence is entitled to great weight, absence of corroboration notwithstanding. It is equally settled that the statement of a child witness should be scrutinized with great care and caution. At the same time, it must be taken note of that, children by their inherent nature are honest. Corroboration of the testimony of the child witness is not a rule but a measure of caution and prudence is a well-accepted principle.”
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Keywords
Delay In Reporting Sexual Offences, Equated With Delay
