In
the case of “Rattiram & Ors. Vs. State of M. P.” Criminal Appeal No. 223 Of 2008, (decided on 18.04.2013) the Hon’ble
Court dealt with the following question:
Where
non-compliance of Section 157 of the Code of Criminal Procedure, 1973 vitiate the trial?
The
Court held that
“__when there is delayed dispatch of the
FIR, it is necessary on the part of the prosecution to give an explanation for
the delay. We may further state that the purpose behind sending a copy of the
FIR to the concerned magistrate is to avoid any kind of suspicion being
attached to the FIR. Such a suspicion may compel the court to record a finding
that there was possibility of the FIR being ante-timed or ante-dated. The court
may draw adverse inferences against the prosecution. However, if the court is
convinced as regards to the truthfulness of the prosecution version and trustworthiness
of the witnesses, the same may not be regarded as detrimental to the
prosecution case. It would depend on the facts and circumstances of the case.”
[Para 21]