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Madras High Court· 11 September 2026

Is mere delay in lodging the complaint in a sexual offence case fatal to the prosecution where the delay is properly explained?

KURALARASAN v. STATE REP BY
CRL A.473/2022 · 2026:MHC:3758 · CRL A No. 473 of 2022
Coram: Justice G.Arul Murugan
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Answer

Mere delay in lodging the complaint in a sexual offence case is not fatal to the prosecution where the delay is properly explained.

No. Mere delay in lodging the complaint in a sexual offence case is not fatal to the prosecution where the delay is properly explained. Delay has the effect of putting the Court on its guard to search whether an explanation has been offered and whether it is satisfactory, and it cannot be used as a ritualistic formula for doubting the prosecution case.

Headnote

Protection of Children from Sexual Offences Act, 2012 — ss.5(l), 6, 29 — Indian Penal Code, 1860 — s.366 — Age of the victim — Consent immaterial — Sole testimony of the victim — Delay in lodging the complaint — Statutory presumption — Protection of Children from Sexual Offences Act, 2012 — Minor victim — Consent — Held: Once it is established that the victim was a minor, the question of consent becomes insignificant. (¶32) Evidence — Sole testimony of the victim — Held further: The sole testimony of the victim is sufficient to convict an accused where that testimony is of sterling quality and inspires the confidence of the Court. (¶27, 28) Criminal law — Sexual offences — Delay in lodging the complaint — Held further: Mere delay in lodging the complaint in a sexual offence case is not by itself fatal to the prosecution where the delay is properly explained. (¶30) Protection of Children from Sexual Offences Act, 2012 — s.29 — Statutory presumption — Held further: The statutory presumption under s.29 of the Protection of Children from Sexual Offences Act, 2012 operates once the prosecution establishes the foundational facts. (¶33) Conviction and sentence confirmed; appeal dismissed. (¶34, 35)

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In the Court's own words
Paragraph 29The learned counsel for the appellant further contended that there was an inordinate delay in lodging the complaint after the alleged dates of occurrence and that such delay is fatal to the case of the prosecution. From the complaint (Ex.P2), it is clear that there had already been two instances in which the accused had taken the victim away. When the victim was found missing from 30.03.2017, PW2, after making efforts and searching for her with the assistance of her relatives, ultimately lodged the complaint.
Paragraph 30In cases involving sexual offences, mere delay in lodging the complaint, if properly explained, would not by itself be fatal to the prosecution case. In this regard, it would be useful to refer to the following decisions of the Hon'ble Supreme Court, which consistently held the above proposition of law:
Acts & Sections
s.5(l) Protection of Children from Sexual Offences Act, 2012s.6 Protection of Children from Sexual Offences Act, 2012s.29 Protection of Children from Sexual Offences Act, 2012s.366 Indian Penal Code, 1860s.164 Code of Criminal Procedure, 1973

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Also decided in this judgment
Is the question of consent insignificant once it is established that the victim was a minor?Is the sole testimony of the victim sufficient to convict an accused where that testimony is of sterling quality?Does the statutory presumption under s.29 of the Protection of Children from Sexual Offences Act, 2012 operate once the foundational facts are established?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections