Unexplained FIR delay, defective investigation, and medical discrepancies warranted acquittal on benefit of doubt.

On 20 October 2007, the informant, Binda Sah, alleged that he found the appellant, Pappu Rai, and co-accused Hridaya Rai assaulting his father, Gajadhar Sah, at his sweets and tea shop.

Hridaya Rai allegedly caught Gajadhar Sah by the neck, while the appellant assaulted him. When Binda Sah intervened, the appellant allegedly hurled a brick at him, causing injury. The injured persons were taken to Sadar Hospital, Chapra, where they were medically examined.

The prosecution examined ten witnesses, including the injured witnesses Binda Sah and Gajadhar Sah, supporting eyewitnesses, the medical officer, and the Investigating Officer. Two witnesses were declared hostile.

The Investigating Officer admitted that he had neither recorded the statements of witnesses during investigation nor inspected the place of occurrence.

The fard beyan was allegedly recorded at approximately 8:30 p.m. on the date of occurrence, but the formal First Information Report was registered about twelve days later, without satisfactory explanation for the delay.

The trial court convicted the appellant under Section 325 of the Indian Penal Code and sentenced him to two years’ rigorous imprisonment, a fine of ₹10,000, and one month’s imprisonment in default. The co-accused was acquitted.

1. Whether the prosecution proved beyond reasonable doubt that the appellant voluntarily caused grievous hurt to Binda Sah, thereby attracting liability under Section 325 of the Indian Penal Code?

2. Whether the unexplained delay in formal registration of the FIR, defective investigation, and discrepancies between the ocular and medical evidence created reasonable doubt entitling the appellant to acquittal?

The Court applied Section 325 of the Indian Penal Code, which penalises voluntarily causing grievous hurt.

It applied the general criminal-law principle that the prosecution must establish the accused’s guilt beyond reasonable doubt and that any reasonable doubt must enure to the accused’s benefit.

The Court further applied the principle that the testimony of an injured witness is entitled to due weight but must be assessed in conjunction with the surrounding circumstances, medical evidence, and investigative material.

It also held that delay in lodging an FIR is not invariably fatal, but unexplained delay assumes significance when accompanied by other infirmities in the prosecution case.

The Court accepted that the evidence of an injured witness could not be rejected merely because of that status. However, it found that the testimony of Binda Sah required corroboration in the circumstances of the case.

The formal FIR was registered approximately twelve days after the occurrence, and the prosecution offered no satisfactory explanation for the delay.

The investigation was materially deficient because the Investigating Officer neither recorded witness statements nor inspected the place of occurrence, depriving the Court of objective corroboration regarding the place and manner of the incident.

The medical evidence established that injuries had been sustained, but did not fully corroborate the prosecution’s specific account.

Although the doctor opined that Binda Sah’s injury was caused by a hard and blunt substance and was grievous, he stated in cross-examination that there were no external injuries on the forehead, cheek, neck, or chest—the sites attributed in the prosecution version.

The injuries to Gajadhar Sah were found to be simple.

Considering these medical discrepancies cumulatively with the unexplained FIR delay and investigative lapses, the Court held that reasonable doubt existed regarding the precise manner in which the injuries constituting the Section 325 conviction were caused by the appellant.

It set aside the judgment of conviction dated 29 June 2018 and the order of sentence dated 30 June 2018, acquitted Pappu Rai by extending the benefit of doubt, discharged him from the liabilities of his bail bond, and allowed the appeal.