The Allahabad High Court has ruled that a First Information Report does not lose credibility simply because it was drafted with the help of a lawyer, while dismissing a criminal appeal challenging conviction in a fatal acid attack case. The Division Bench clarified that seeking legal assistance at the stage of lodging an FIR is permissible and cannot, by itself, cast suspicion on the complaint.
The case arose from a brutal acid attack in which the informant’s mother and sister-in-law suffered severe burns and later died from their injuries. The incident occurred late at night, while the FIR was registered the following morning after the victims were taken for urgent medical treatment. The trial court had convicted the accused under Sections 304, 326-A and 452 of the Indian Penal Code and sentenced him to life imprisonment. Before the High Court, the appellant argued that the prosecution case was unreliable because the FIR was lodged after a delay and had been drafted by a private advocate, suggesting possible fabrication.
The Bench of Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary rejected these arguments, holding that medical emergency in acid attack cases naturally takes precedence over the procedural step of filing an FIR. The Court observed that access to legal assistance is available at every stage of criminal proceedings, including the filing of the initial complaint. Emphasizing this principle, the Court stated, “Merely on the ground that the F.I.R. was written through an assistance of a lawyer, it cannot be assumed that the informant has lodged a false First Information Report.”
Finding no infirmity in the prosecution case, the Bench affirmed the trial court’s findings and dismissed the appeal.
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