Thursday, March 28, 2024

Rape survivors need time to come out of trauma, SC on delay in registering FIR

The Supreme Court on Thursday observed that courts should take into account the time taken by the complainant to come out of shock and trauma in rape cases while examining the delay in registering a first information report.

The Supreme Court bench of Justices MR Shah and Justices Hima Kohli made the observation while cancelling the bail granted by the Karnataka High Court to a person accused of rape.

The Apex court also asked the Karnataka High Court to hear the bail plea afresh after considering the chargesheet.

In June, the High Court granted bail to the accused person, citing a five-day delay in filing the first information report in the case. The bench said that the High Court had failed to consider the seriousness of the allegations against the accused person.

“The High Court has not considered the relevant aspects which are required to be kept in mind while considering the bail application namely the seriousness of the offence alleged, material collected during the investigation, statement of the prosecutrix recorded etc,” the bench noted, according to Bar and Bench.

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