Is mere delay in lodging the complaint in a sexual offence case fatal to the prosecution where the delay is properly explained?
Coram: Justice G.Arul Murugan
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.
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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