New Delhi: A First Information Report (FIR) need not be filed by an eye witness alone as even others, who had not witnessed an alleged crime, can report it to the police over phone, the Supreme court has held.
"It is a settled principle of the law that an FIR can be lodged by any person, even by telephonic information. It is not necessary that an eyewitness alone can lodge the FIR," said a bench of justices Swatanter Kumar and Ibrahim Kalifulla.
The bench gave the ruling dismissing the appeal of a murder case convict, KD Saravana, who had challenged his conviction on the ground, among others, that the FIR in the case was was not lodged by the eye witness.
"The priority for PW3 (Anthoni) was not to go to the police station and lodge the FIR but to take the deceased, who was seriously injured at that time, to the hospital at the earliest. He did the latter and correctly so," said the bench rejecting the convict`s contention.
"In view of these facts, no court can hold that there is inordinate delay in lodging the FIR by accepting the contention raised on behalf of the appellant," it added.
Sarvana had repeatedly stabbed one Kuppa in Bangalore on February 14, 2003 morning and had left him bleeding on the road. The victim`s friend Anthoni, who was with him at the time of attack on him, first rushed him to the hospital, where the victim succumbed to his injuries during treatment.
Though Anthoni did not lodge the FIR, the duty doctor Girija had telephoned the police after administering treatment to the victim.
The defence also contended that there was considerable delay in lodging the FIR, entitling the accused to acquittal. It also argued that the victim`s dying declaration to head constable Sadashivaiah was not trustworthy.