The State Of Bihar & Ors vs Radhe Shyam Mishra on 22 May, 2009
68. From the testimony of these two witnesses it is clear that both witnesses
submits that accused had committed rape with the prosecutrix but on the fact of
time of arrival of husband of prosecutrix at home is different. Prosecutrix
stated that her husband had come house at about 9:00 a.m. on the day of
incidence whereas her husband had stated that he had come to home at about
7:00 p.m. on the day of incident but none of them approached to PS on that
day. Neither they informed the neighbouring person that accused had
committed rape with her nor made call to police on 100 number on that day.
Delay was not explained. Mere saying that her husband had become depressed
is not sufficient to presume that he was not in position to take action against the
Case No.576/2017
State Vs. Radhey Shyam Mishra 19/20
accused or to call police on 100 number.