SANJAY SINGH @ MALAI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal cases often present riddles and Judges are required to unfold the riddles after reading the evidence and then to reach the conclusion. Whether the attempt of a Judge to unfold the riddle presented to him through a set of facts ends in an order of conviction or acquittal, every Judge attempts to go to the root of the matter in search of truth so as to imparting justice by resolving the perplexity which is presented by the facts of the case. Consistency of evidence could be misleading in most of the cases and the case in hand appears a case of that class.

(2.) A lady about 60 year of age, who was married to PW 1 Kameshwar Ram and who had six daughters and two sons, all daughters being married and living in their matrimonial houses and the daughter-in-law residing with the lady, was complaining of being gagged by the appellant and then raped by him. The incident allegedly had taken place when the lady had gone out of her house at about 8.30 P.M. on 13.01.2007 to attend to call of nature.

(3.) The lady stated that it was night and her Samdhi had visited them and had stayed overnight and, as such, she could not whisper about the incident and could be taken to the police station by PW 1, her husband Kameshwar Ram, for lodging the report only in the morning.