Nirbhaya gangrape verdict: FIR not encyclopedia carrying all details, says SC

Team Udayavani, May 7, 2017, 1:03 PM IST

New Delhi: An FIR is not an “encyclopedia” carrying all the details of an incident, the Supreme Court on Friday said while rejecting the contention of the December 16, 2012 gangrape and murder convicts that their names were not initially mentioned in the FIR.

The apex court also refused to agree with the argument of the convicts that there was a delay in lodging the FIR, saying initially everyone’s intention is to save the victim by giving her proper treatment.

A three-judge bench headed by Justice Dipak Misra said the FIR is not an “encyclopedia” which is expected to contain all the details of the prosecution case and it must have broad facts of the case.

“It has to be kept in mind that it is settled law that FIR is not an encyclopedia of facts and it is not expected from a victim to give details of the incident either in the FIR or in the brief history given to the doctors,” the bench also comprising Justices R Banumathi and Ashok Bhushan said.

It also said there was no delay in registration of FIR and added that “even assuming for the sake of argument that there is delay, the same is in consonance with natural human conduct”.

“In the initial stages, the intention of all concerned must have been to save the victim by giving her proper medical treatment,” the bench said.