Is 16-year delay in reporting rape case fatal to prosecution? Kerala High Court answers

The Kerala High Court recently quashed rape charges filed against a man after holding that a sixteen-year delay in reporting the alleged offence, without a proper explanation, would be fatal to the case..Justice Badharudeen observed that the prosecution had failed to give proper reasons for the delay in filing the case. It also held that the allegations were made with 'ulterior motives'."When the delay comes to 16 years in disclosing the same, after continuing the relationship for 16 years, the same is fatal and the same would stand in the way of prosecution, since possibility of false implication is very much discernible. Thus the allegation of rape made after 16 years is prima facie not believable because of the long delay and such relationship is to be considered as consensual in nature. That apart, the allegation of rape was raised with ulterior motives, particularly when money from the accused was allegedly due to the de facto complainant. That apart, now the de facto complainant also has no grievance at present and she filed two affidavits in this regard," the Court said in its August 14 order. .The 43-year-old accused had moved the High Court to quash the case registered against him on charges of rape and sexual assault that allegedly occurred in 2001.Counsel for the accused said that the first information report (FIR) registered in 2017 had mentioned four accused persons, three of whom had been excluded, and the final report had been filed only against his client.It was also pointed out that there had been an allegation that the accused borrowed ₹20 lakh from the complainant, which indicated that the two were in a consensual relationship. .The Court noted that the complainant's statement had indicated that after the occurrence of sexual intercourse between her and the accused in 2001, they had continued the relationship. While quashing the case, it noted,"Law is well settled that delay is having significance and the same is decisive, unless the delay is properly explained. Here no proper explanation for the long delay.".Advocate V Sethunath appeared for the accused.Senior Public Prosecutor Ranjet George represented the State of Kerala and the Sub-inspector of Police.Advocate Obeid Abdul Majeed represented the respondent..[Read order]