Indian Kanoon - Search engine for Indian Law

-13 or for non - examination of the people from the community who advised her to approach the police after five days or for the non-examination of the victim's father, who according the prosecution, was present right from the time immediately after the incident. This infirmity also affects the broader probabilities of the prosecution's case against the accused

26. The victim's mother has deposed that the accused was locked up in his house when the victim's parents, and neighbors, found him lying nude on the floor of the house; when the victim's father and another had gone to inform the police, the accused broke open a wall of his house and tried to assault the victim's mother with an axe. The victim's mother has spoken about this for the first time in her evidence. Though in the spot mahazar (conducted on 8/6/2013) there is a mention of a collapsed wall constructed to close an earlier door, there is no recovery of the axe allegedly used by the accused, and in fact, in the spot mahazar it is recorded that no traces of occurrence was found. If indeed the accused had broken down the wall and come out as alleged, and which would be immediately after the assault, it could not have been recorded that no clue of occurrence was found. The question will be: is the victim's mother trying to exaggerate and concoct a case against the accused.