may be drawn against the prosecution when there are
circumstances from which an inference can be drawn
that there were chances of manipulation in the FIR by
falsely roping in the accused persons after due
deliberations. Delay provides legitimate basis for
suspicion of the FIR, as it affords sufficient time to the
prosecution
to
introduce
improvements
and
embellishments. Thus, a delay in dispatch of the FIR
by itself is not a circumstance which can throw out the
prosecution's case in its entirety, particularly when the
prosecution furnishes a cogent explanation for the
delay in dispatch of the report or prosecution case
itself is proved by leading unimpeachable evidence.”
61. It is clear from the aforesaid decisions that the delay in
forwarding the FIR may certainly indicate the failure of one of the
external checks to determine whether the FIR was manipulated
later or whether it was registered either to fix someone other than
the real culprit or to allow the real culprit to escape. While every
delay in forwarding the FIR may not necessarily be fatal to the case
of the prosecution, Courts may be duty bound to see the effect of
such delay on the investigation and even the creditworthiness of the
investigation.
62. Section 157(1) of the Code requires the officerincharge of the
police station to send the FIR, “forthwith”. The legal consequences
of the delay on the part of the police in forwarding the FIR to the
court was considered by this Court in Brahm Swaroop and
30
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