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TMI Blog1995 (8) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... to lift boulders and place them within the factory premises. While she was working inside the factory, another labourer by the name Charan was also present. The appellant and his companion Pyaru came to the factory premises, asked Charan to fetch tea and on his departure the appellant lifted her bodily and took her inside the machine room, place her on the ground, undressed her from below the waist and had sexual intercourse with her. Pyaru, since acquitted, was asked to keep a watch outside the factory. According to the prosecution after the appellant had satisfied his lust and before Pyaru could take his turn the prosecutrix ran through the opening in the compound wall of the factory, searched her husband, a rickshaw puller, and thereafte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .D. Sharma noted semen like stains on the garment and advised its examination by the Chemical Analyser. The seizure of the 'Chaddi' was, however, held not proved. Surprisingly, the Investigating Officer has not uttered a word about the seizure of this article. Therefore, this important piece of evidence on which the prosecution sought to rely is of no avail to it. The vaginal swabs had semen stains. This is the state of evidence. 3. The learned Counsel for the appellant-accused strongly urged that the investigation leaves much to be desired and the prosecution evidence does not carry the case beyond suspicion. He stated that the two independent witnesses who could have corroborated the prosecutrix have, for reasons best known to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntamount to playing into the hands of the investigating officer if the investigation is designedly defective. Any investigating officer, in fairness to the prosecutrix as well as the accused, would have recorded the statements of the two witnesses and would have drawn up a proper seizure-memo in regard to the 'Chaddi'. That is the reason why we have said that the investigation was slip shod and defective. 6. We must admit that the defective investigation gave us some anxious moments and we were at first blush inclined to think that the accused was prejudiced. But on closer scrutiny we have reason to think that the loopholes in the investigation were left to help the accused at the cost of the poor prosecutrix, a labourer. To a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are slow and hesitant to complain of such assaults and if the prosecutrix happens to be a married person she will not do anything without informing her husband. Merely because the complaint was lodged less than promptly does not raise the inference that the complaint was false. The reluctance to go to the police is because of society's attitude towards such women; it casts doubt and shame upon her rather than comfort and sympathise with her. Therefore, delay in lodging complaints in such cases does not necessarily indicate that her version is false. The possibility of tutoring is ruled out because the evidence does not show that her husband knew the appellant and his companion before the incident. She too had started work hardly three d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vidence must receive the same weight as is attached to an injured in cases of physical violence. The same degree of care and caution must attach in the evaluation of her evidence as in the case of an injured complainant or witness and no more. What is necessary is that the court must be alive to and conscious of the fact that it is dealing with the evidence of a person who is interested in the outcome of the charge leveled by her. If the court keeps this in mind and feels satisfied that it can act on the evidence of the prosecutrix, there is no rule of law or practice incorporated in the Evidence Act similar to illustration (b) to Section 114 which requires it to look for corroboration. If for some reason the court is hesitant to place impl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant violated her person. The find of semen stains on the petticoat and in the vagina lend assurance to the story narrated by the prosecutrix. The submission that there was delay in lodging the complaint has to be stated to be rejected for the simple reason that immediately after the incident she had to go in search of her husband who was a Rickshaw Puller, narrate to him the incident, go down to the police station and then lodge the complaint. She has explained the absence of injuries by stating that she was laid on minute sand no marks of injury. The only explanation is by way of suggestion in the cross-examination of the prosecutrix to the effect that she was falsely implicating the appellant in order to grab money. Therefore, taking a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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