A delay of six to nine days in filing a first information report (FIR) in an attempt to rape case is "unnatural", the Madhya Pradesh High Court recently observed while setting aside a judgment against a man accused of attempt to rape [Golu v. The State of Madhya Pradesh].

Justice Prem Narayan Singh found that scratch injuries sustained by the victim in an attempt to rape case have no meaning when there is a delay of six to nine days in filing of FIR after the date of the alleged incident.

"So far as the injuries on the person of prosecutrix is concerned, since the FIR was lodged by delay of six to nine days from the incident, such injuries of scratches has no meaning," the Court said in its September 27 order.

The Court was a dealing with a plea filed by a man named Golu convicted of having attempted to rape a woman.

The trial court had found him guilty of the aforesaid offence and sentenced him to imprisonment for 15 years.

This led to the appeal before the High Court.

Apart from the delay in filing of FIR, the High Court also noted that the sole testimony of the alleged victim contained material contradictions and exaggerations and there was a pre-existing land dispute between the parties.

Further, it noted that no specific forensic science laboratory (FSL) report or DNA report were produced by the prosecution and that there was a delay of seven day in medico-legal case (MLC) report.

It also found that the incident was neither supported by any independent witness nor by any medical testimony.

Thus, it observed that the case of prosecution suffered from skepticism, misgivings, deficiencies and distrust and concluded that the prosecution had failed to prove its case beyond reasonable doubt.

Therefore, it allowed the appeal and set aside the trial court judgment and acquitted Golu.

Advocate Mukesh Kumawat appeared for Golu while Government Advocate HS Rathore represented the respondent State of Madhya Pradesh.

[Read Judgment]