Details - Dhemaji

The time of the incident is stated as 10pm by the informant. The
victim/PW1 has stated that when he was returning home after attending a
meeting, his car broke down in front of the house of the accused person. If
his car had really broke down then there should have been an MVI
report/mechanical report of the same. The prosecution did not produce
any evidence regarding such claim. When, how and who had taken the
vehicle from the spot, also is not stated by the prosecution side.
The time of the incident is also to some extent doubtful, because the
victim sustained injuries on scalp and on his hand and on the testimonies of
PW1 & PW2 revealed that there was bleeding from the injury. The victim
was first medically examined at about 3am only. However it does not take
05 hrs to go from the place of occurrence to the Dhemaji Civil Hospital.
And if such a long time was required, then perhaps the victim was not in a
moveable and talk able condition and he would definitely have lost huge
amount of blood in case of such late medical examination. However the
M.O. (PW6) revealed that the victim was in movable and talk able
condition at the time of examination.
In the cross case, the time of the occurrence is mentioned as about 12
O’clock midnight and the place of the occurrence is at the house of the
accused. Here in the present case, the complainant had seen the victim in
the compound of the accused and in the FIR also, it is mentioned that her
husband had gone to ask for help to the house of the accused. Thus, for
having such contradictions and reasons, I am of the view that the time of
the incident must be above 10 pm. Now it is hard for me to believe that
the accused person, being a lady would wait to commit any crime against
the healthy person as the victim, who was there on the road along with
other two male persons, during late night. Thus I find non corroborative
evidences in the prosecution story.
13) The victim has stated during cross examination, that he was aware of
the fact that the husband of the accused used to stay outside due to his
service and the accused used to stay alone in the house with her minor
children.