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The Supreme Court has held that mere delay in sending the FIR report under section 257 CrPC to the Magistrate cannot be construed as a ground for vitiating the trial or understanding that the accused is entitled to be acquitted in this ground. The bench comprised Justice Ashok Bhushan and Justice Vineet Saran. This was held in the case of Jafel Biswas vs. State of West Bengal. There was advocate Pijush Roy who appeared for the accused appellants said that a report which was to be submitted to the Magistrate was submitted with delay. It was further argued here that this was in sheer non compliance with article 157 of CrPC.
The appeal is basically relating to a concurrent conviction in a murder case where the High Court had affirmed the conviction of the six accused. The bench referring to an earlier case said that the obligation is on the part of the investigation officer to communicate the report to the Magistrate. This is a public duty. But in case of delay in the submission of report due to any lapse there shall not be any effect on the trial. The bench also approved the High Court view in order to find out whether the FIR was genuine or not. The entire evidential record must be proved into. The FIR had seven names of the accused but the report to the Magistrate had ten names. The bench held that in the present case it is sufficient to note that the names of all the appellants were in the FIR. The court further said that motive not being proved requires deeper scrutiny into the case. The motive is always in mind of a person authoring the incident. When there is definite evidence proving the incident, absence in proving the motive does not affect the prosecution case.
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