The Allahabad High Court has held that an FIR does not lose credibility merely because a lawyer assisted in drafting it. The Court clarified that legal assistance at the stage of lodging an FIR is permissible. However, courts must carefully scrutinise such FIRs to rule out malice or motivated narration.
A Division Bench of Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary delivered the ruling while deciding a criminal appeal filed by Jagdamba Harijan against his conviction in an acid attack case.
Legal Assistance at FIR Stage Is Permissible
Counsel for the appellant argued that the FIR was unreliable because a private advocate drafted it. The Bench rejected this submission.
The Court observed that legal aid is available at every stage of criminal proceedings. There is no bar on seeking legal assistance while lodging an FIR. The Bench clarified that an FIR prepared with a lawyer’s help does not automatically become doubtful. However, courts must examine such FIRs with caution to ensure they are not malicious or motivated.
The Court also noted that the complainant was illiterate. He would naturally require assistance from a literate person to draft the complaint. The fact that an advocate assisted him did not render the FIR invalid.
Conviction in Acid Attack Case
The appeal challenged a 2018 trial court judgment. The court had convicted Harijan under Sections 304, 326A and 451 of the Indian Penal Code. It sentenced him to life imprisonment.
The prosecution alleged that the accused threw acid on a woman and her daughter-in-law. Both victims later died due to severe burn injuries.
Delay in FIR Not Fatal
The defence argued that the complainant did not witness the incident and that the FIR was lodged with delay. The High Court rejected these arguments.
The Bench held that the complainant had witnessed the accused pouring acid on the victims. His testimony remained consistent during cross-examination. No material contradictions emerged.
The Court also explained that the family prioritised medical treatment for the victims. In such circumstances, delay in lodging the FIR cannot discredit the prosecution case.
Cause of Death Established
The Court recorded that both victims died due to deep acid burn injuries. Medical evidence showed that septicaemia from the burns caused their deaths. The Bench rejected the defence claim that improper medical treatment caused the fatalities.
Motive and Evidence
The High Court noted that the accused had shown interest in the complainant’s sister-in-law. The Court found this motive credible. It dismissed the defence objections regarding minor discrepancies in witness statements.
On overall assessment, the Court held that the prosecution proved the charges beyond reasonable doubt.
Sentence Modified
Although the Court upheld the conviction, it modified the sentence. The Bench reduced the life sentence to a fixed term of 14 years’ rigorous imprisonment.
The judgment noted that as of November 11, 2025, the convict had already undergone 13 years, 9 months and 24 days in custody, including remission.
Advocate RP Mishra appeared for the appellant. Advocate SP Singh represented the State.
