[Delay in FIR] Time needed for rape survivor to come out of trauma needs to be considered: Supreme Court cancels bail of accused

The time taken by a rape survivor to come out of trauma and shock needs to be taken into account when examining the delay in registering a first information report (FIR) in such cases, the Supreme Court said while cancelling the bail granted to a rape accused..A bench of Justices MR Shah and Hima Kohli directed the accused to surrender before the concerned authorities within a week, and asked the Karnataka High Court to hear the bail plea afresh after considering the chargesheet. "... the High Court has not properly appreciated the fact that there could have been some delay (though in the present case, it may not be said that there was any inordinate delay in lodging the FIR) as sometime could have been consumed for the victim/prosecutrix to get out of the shock. Even the said aspect is required to be considered at the time of the trial," the Court said. .The survivor had moved the present appeal challenging a Karnataka High Court order from June this year that granted bail to the accused. The High Court had reasoned that the allegations that the accused had raped the prosecutrix after mixing something in her drinks was a point to be determined at trial.The High Court had also cited the five-day delay in filing of the first information report (FIR). .The top court at the outset stated that the High Court had failed to appreciate the allegations in the FIR that immediately after the incident the survivor was taken to the hospital and had later tried to lodge an FIR but but to no avail. The High Court deciding on grant of regular bail had to note the material collected during the investigation including the chargesheet, the Supreme Court made it clear. " ... it appears that the High Court has not at all considered the seriousness of the allegations and the gravity of the offences alleged against the accused," the top court further observed. The matter was accordingly remitted to the High Court for a fresh decision. .Senior Advocate Jayna Kothari appeared for the survivor. Advocate Shubhranshu Padhi appeared for the State of Karnataka. Senior Advocate Aditya Sondhi appeared for the accused. .[Read order]