Supreme Court of India

Thulia Kali v State of Tamil Nadu

(1972) 3 SCC 393; AIR 1973 SC 50119721 min read
The case in brief30-second read
Facts
In a murder case, the first information report was lodged after a long delay that the prosecution did not explain.
Issue
What is the effect of unexplained delay in lodging the FIR?
Held
The FIR is valuable because it is the earliest information about the occurrence, recorded before there is time for embellishment. Delay in lodging it quite often results in embellishment, the creature of afterthought. On account of delay the report loses the advantage of spontaneity, and there creeps in the danger of a coloured version or exaggerated story. The unexplained delay was a factor against the prosecution.
Principle
Unexplained delay in lodging the FIR deprives it of spontaneity and creates a danger of embellishment.
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Facts

  • In a murder case, the first information report was lodged after a long delay that the prosecution did not explain.

Issue

  1. What is the effect of unexplained delay in lodging the FIR?

Held

  • The FIR is valuable because it is the earliest information about the occurrence, recorded before there is time for embellishment. Delay in lodging it quite often results in embellishment, the creature of afterthought. On account of delay the report loses the advantage of spontaneity, and there creeps in the danger of a coloured version or exaggerated story. The unexplained delay was a factor against the prosecution.

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Citation

Thulia Kali v State of Tamil Nadu (1972) 3 SCC 393; AIR 1973 SC 501

Reported: https://indiankanoon.org/doc/147273/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.