PARMA RAMRATAN Vs. STATE OF M P

JUDGEMENT

(1.) Whether unexplained delayed First Information Report of four months could be a ground for acquitting the appellants?

(2.) The appellants stand convicted and sentenced as under: (1) Appellant No.1 Parma Under section 316, I.P.C and sentenced to the years rigorous imprisonment. (2) Appellant No.2 Ramratan Under section 376/34, I.P.C. and sentenced to five years rigorous imprisonment. Under section 201, I.P.C. and sentenced to one year rigorous imprisonment, Under section 323, I.P.C. and sentenced to six month, rigorous imprisonment. Under section S06-B, I.P.C. and sentenced to six months rigorous imprisonment. All the sentences to appellant Ramaratan have been ordered to run concurrently. Against the aforesaid conviction and sentences the appellant have filed this appeal.

(3.) Vide First Information Report (Ex. p. 7) dated 4.2.83, P.W. 1 Mst. Dukhia lodged a written complaint (Ex. p. 1) against the appellants alleging that when she was working in her field and cutting grass, appellant No.1 Parma suddenly came over there, and over pouring her, committed rape at the point of knife the appellant No.1 who was armed with a gun was standing nearby and giving filthy abuses to her. After reaching home, Mst. Dukhia Bai (P.W. 1) narrated the incident to her husband (P.W. 3) Haridin and to her father-in-law P.W. 4 Bahadur. The cause for delay in lodging the First Information Report was that she was criminally intimidated by appellant No. 2. However, a written complaint was submitted on 23.11.82 to Superintendent of Police, Satna & another to Station House Officer, Harijan and Adivasi Cell, Satna and thereafter First Information Report (Ex, p. 7,) was recorded on 4 2 83.