10.The learned counsel for the appellant/accused would contend that there is a delay of seven days in filing complaint before the police and hence, according to him the delay is fatal to the prosecution. In the matters of delay in preferring the complaint, the same is not per se fatal, however, it is to be explained by the prosecution. Admittedly, in the matter of sexual assault, there will be some reservation by the parents of the prosecuterix to lodge a complaint regarding the future life of the victim girl. In the instant case, the social background and the civil status of the parties has to be gone in. Considering the entirety of the circumstances and also taking note of the strata of the society to which PW1 belongs, I find that the delay has been properly explained by parents of the prosecuterix viz., PW2 & PW3. Besides PW6/Panchayat president has also spoken that in the Panchayat held between the accused party and the prosecuterix party for the solemnization of marriage, there was some delay and thereafter, since the accused party has not come for honour words, as instructed, PW3/father of PW1 (prosecuterix) had to lodge a complaint, assumes significance. Accordingly, I find that the delay has been properly explained by the prosecuterix and hence, the said delay is held to be not fatal to the prosecution.
