Rajasthan High Court: Delay in Recording Section 164 CrPC Statement Not Sufficient to Discard Rape Allegation

The Rajasthan High Court has ruled that a delay in recording a victim’s statement under Section 164 of the CrPC (before a magistrate) cannot be grounds to dismiss a rape allegation.

The case stems from an FIR lodged by the complainant, identified as S, who alleged that on 7 October 2022, Sitaram - her brother-in-law - entered her house with his wife Gayatri and assaulted her.

The court emphasized that trauma, fear, and social pressure may cause delays, and the credibility of the victim’s testimony must be evaluated based on overall evidence.

The court reinforces the need for sensitive handling of sexual offence cases and prevents accused individuals from exploiting procedural gaps. The court thus upheld the sessions court's order framing charges against the petitioner.

[Sitaram v State of Rajasthan & Anr.]