Struggle Of The Marginalised To Lodge FIR A Harsh Reality, Says Allahabad High Court

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Last Updated:July 01, 2025, 15:46 IST

In the case, a Scheduled Caste woman was raped and her husband had to struggle for 13 days to get the FIR registered.

In a significant judgment, the Allahabad High Court has acknowledged that social and economic disadvantage often dictates a victim’s ability to access justice – especially in cases involving sexual violence.

While upholding the conviction of a 70-year-old man for rape and house trespass in a criminal appeal against trial court’s decision, the high court observed that the 13-day delay in lodging the FIR stemmed not from hesitation or fabrication but from repeated police inaction and the victim’s marginalised status.

The prosecution case was that in October 1996, accused Bhagwandeen allegedly entered the house of a Scheduled Caste woman during the night and raped her while she was alone with her two minor children. Her husband, a daily-wage labourer who loaded sand onto trucks, returned in the morning to learn of the incident.

Bhagwandeen was on bail during trial, and upon his conviction, in the instant appeal, he was enlarged on bail by an order in 2011. He may have remained confined for about six months (in all) despite being sentenced for life for offence under Section 3(2)(v) of the SC/ST Act and rigorous imprisonment of ten years for offence under Section 376 of the IPC.

The high court noted that despite the couple’s immediate approach to the local police station on October 27, 1996, no FIR was registered until November 9. The husband, referred to in the judgment as ‘R’, had to seek help from a lawyer and ultimately submit a written report to the Circle Officer. The FIR was finally lodged based on that report.

“It is a hard reality of life that at times social and economic status govern the fate of citizens in such matters," the division bench comprising Justices Saumitra Dayal Singh and Sandeep Jain said. “Disadvantaged persons such as ‘R’ and ‘S’ may be made to wait and may thus have been forced to make many efforts to get their FIR lodged".

While the counsel for the accused questioned the delay, lack of medical evidence, and absence of independent witnesses, the court held the victim’s testimony consistent, credible, and unshaken through cross-examination.

It also observed that washing clothes and not preserving medical evidence was understandable given the victim’s financial condition. “Clothing though a basic necessity of life, is very precious and it comes at a heavy price to the poor. Therefore, it is wholly natural and in that regard natural to expect that ‘S’ would have washed her clothes that she may have worn, at the time of the occurrence," the court remarked.

On the issue of absence of independent witnesses, court said that in cases involving rape or other offences as well, independent witnesses fail to testify before courts for varied reasons. “Suffice it to note, at present, civilization values may not have refined enough and may not be strong enough for courts to necessarily expect that independent witnesses would not fall prey to societal pressures and practices when approached by offenders," court noted, adding, “Generally, people tend to walk away from the victim if not for any threat, only for the sake of personal convenience and comfort, or not finding time for courts, as a witness".

The high court partially allowed the appeal, acquitting the appellant under the SC/ST Act as there was no evidence to prove that the crime was committed due to caste identity. However, it upheld the convictions under Sections 376 and 452 of the IPC. Taking note of the appellant’s advanced age, the court reduced his sentence from ten years’ rigorous imprisonment to seven years’ simple imprisonment.

Salil Tiwari

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...Read More

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