Delay In Reporting Dowry Harassment Not Fatal To Prosecution Where Matrimonial Cruelty Is Of Continuing Nature
Matrimonial cruelty under Section 498A of the Indian Penal Code is a continuing offence. Suffering of the victim does not end with a single isolated incident but persists as long as oppressive conduct continues. Delay in reporting matrimonial cruelty does not by itself erode credibility of the complaint, provided the prosecution version is otherwise believable. Conduct of the accused must be assessed in the context of continuous behaviour, not isolated incidents. Revisional jurisdiction under Sections 397 and 401 of the CrPC cannot be exercised as an appellate power — interference is warranted only where findings are perverse, untenable, or based on no material.
