SC:Criminal Case can’t be dismissed because of Delay

The Supreme Court of India on 2nd November 2012 ruled that a criminal case cannot be dismissed merely because of delay in lodging a complaint if the delay has been reasonably explained. A bench of justices P Sathasivam and Ranjan Gogoi noted, the prosecution case cannot be rejected merely on the ground of delay since the complainant has reasonably explained the reasons for the delay.  

The Supreme Court bench made the observation while upholding the conviction and the life sentence given to two male and two female members of a Tamil Nadu-based Ashram (hermitage) for beating a woman member to death. The murder had taken place on April 8, 2000 when the accused members of the Ashram had gathered together and had beaten the victim to death and later cremated her body.

Prosecution had said the woman was murdered as she had threatened to disclose the alleged love affair between two senior members of the Ashram, affiliated to Sri Devi Maha Sannathi Temple at Govardhan Garden in Trichy. The complainant who had witnessed the beating and had also heard the victim's cries for help had lodged a complaint with the police nine days after the crime had taken place. The complainant had submitted that there was a delay on his part in reporting the incident as he himself had not seen the murder taking place and had to verify whether such an incident had taken place.