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, Bar and Bench reported.
The court made the observation while cancelling the bail granted by the Karnataka High Court to a person accused of rape.
In June, the High Court had granted bail to the accused person, citing a five-day delay in filing the first information report in the case. It had also said that the circumstances of the crime were a point that should be determined during the trial.
On Thursday, a Supreme Court bench of Justices MR Shah and Justices Hima Kohli 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. “The impugned judgement and order passed by the High Court are unsustainable.”
Limited-time offer: Big stories, small price. Keep independent media alive. Become a Scroll member today!
Our journalism is for everyone. But you can get special privileges by buying an annual Scroll Membership. Sign up today!