Judgment M. A. A. KHAN, J. ( 1 ) THIS appeal u/section 374 (2) Cr. P. C. is directed against the judgment and order dated 1-2-1996 whereby the learned Special Judge SC/st (Prevention of Atrocities) Cases, Dausa held the appellants guilty of offence u/section 376, IPC in Sessions Case No. 38 of 1995, State v. Bhanwar Singh and Another, convicted them as such a sentenced them to suffer R. I. for ten years and pay a fine of Rs. 500/- each. The relevant facts are these:1. PW 4 Smt. Bhagwati, the victim of the alleged sexual assault in this case, is a thirty years aged widow of late Shri Ram Gopal of village Guda Katla under Police Station Bandi-Kui, Distt. Dausa. After the death of her husband she was employed as a IVth Class employee by the Nagar Palika Mandal Karyalya, Bandi Kui, in place of her deceased husband. She resided in village Guda Katla with her deaf and blind mother-in-law and two children and used to come to the office of the Municipality in the morning and return therefrom in the evening. ( 2 ) BHANWAR Singh and Ummed Singh alias Hukama appellants are stated to be drivers by profession and used to drive their jeeps in roads from Bandi Kui to villages including Guda Katla. Village Guda Katla situated about 9-10 Kms. away from Bandi Kui. ( 3 ) ON April 4, 1995 Smt. Bharati finished her work in the Library of the Municipality Bandi Kui at about 7. 00 or 7. 30 p. m. and after having purchased vegetables for the family reached the Bus-Stand wherefrom jeeps used to carry the passengers to her village. There were about ten other passengers intending to go to their respective destination. At about 8. 00 p. m. Hukma appellant brought his jeep at the Bus-Stand and gave a came the passengers going to village Guda Katla. Smt. Bhagwati Devi boarded the jeep. But before other passengers could have boarded his vehicle he started the jeep and moved the same at somewhat fast speed. When the jeep, with Smt. Bhagwati Devi in it, had run about 100 or 200 paces and Hukma lowered its speed at the railway crossing Bhanwar Singh appellant got into it. Smt. Bhagwati Devi boarded the jeep. But before other passengers could have boarded his vehicle he started the jeep and moved the same at somewhat fast speed. When the jeep, with Smt. Bhagwati Devi in it, had run about 100 or 200 paces and Hukma lowered its speed at the railway crossing Bhanwar Singh appellant got into it. Smt. Bhagwati Devi tried to get down from the jeep but the appellants said to her that there were other passengers, going to Guda Kutla, at some distance ahead. But when no passenger was seen ahead, Smt. Bhagwati Devi again tried to get down from the jeep but she was not allowed to be so and Bhanwar Singh appellant caught hold of her. Hukma appellant increased the speed of the jeep while on the rear seat Bhanwar appellant continued to forcibly hold Smt. Bhagwati Devi. At about 7 or 8 kms. away from Bandi Kui the road going to village Guda Khera was left and the vehicle proceeded on the single road going to village Arania. When the jeep had run about two kilometres from the turning point the appellant stopped the vehicle in a desolate place and raped Smt. Bhagwati Devi one by one. When the appellants had just finished the sex acts with the lady the light of tractor, coming from the side of village Arniya was noticed by them. They left the place in their vehicle leaving Smt. Bhagwati Devi behind with a threatening to kill her if she reported the matter to the police or anybody else. ( 4 ) SMT. Bhagwati Devi reached her house in the night and allegedly told the tale of her woe to her deaf and blind mother-in-law. In the following morning she reached the Police Station at Bandi Kui to lodge the FIR but was asked by the Constables at the gate of the Police Station to come with some male member. Her mother-in-laws nephew PW 3 Pyare Lal resided at Bandi Kul. Smt. Bhagwati Devi reached his hot is but Pyare Lal had already left for his work. She therefore, reached her office again went to Pyare Lals house in the evening at about 6. 00 p. m. Pyare Lal was there at the house. She narrated the incident to him. Both went to the Police Station and PW 4 Smt. Bhagwati Devi handed over a written report. Ex. She therefore, reached her office again went to Pyare Lals house in the evening at about 6. 00 p. m. Pyare Lal was there at the house. She narrated the incident to him. Both went to the Police Station and PW 4 Smt. Bhagwati Devi handed over a written report. Ex. P14 to PW 5 Laxmi Narayan. State House Officer. P. S. Bandi Kul. Crime No. 133/95 u/section 376/34 IPC was registered at the Police Station. Since Smt. Bhagwati Devi was a member of the Scheduled Caste/tribe the investigation of the case was handed over to PW 7 Ratan Singh. Dy. S. P. ( 5 ) PW 7 Ratan Singh commenced the usual investigation, Site map of the place of incident was prepared. Sari, blouse and petticoat, which Smt. Bhagwati Devi was putting on her body at the time of the commission of the alleged crime on her, were seized and sealed and were sent for chemical examination. She was got medically examined by PW 2 Dr. (Smt.) Omwati Gupta. The appellants were arrested and got examined and their jeep was also seized. After having completed the investigation a police report was duly submitted in the Court. On trial for the offence u/section 376, IPC and Section 3 (2) (v) of the SC/st (Prevention of atrocities) Act. 1989 by the learned Judge the two appellants were though acquitted of the offence u/section 3 (2) (v) of the SC/st (Prevention of Atrocities) Act. 1989 yet they were convicted and sentenced for the offence u/section 376. IPC in the manner stated above. ( 6 ) RELYING heavily on the cases of Koja Ram v. State of Rajasthan, V. R. Murthy v. State, Kishniya v. State of Rajasthan, Malik Singh v. State Prabhu Lal v. Uttam Chand Anr. , Sajjan Singh v. State, Goma Tuka Ram v. State of Maharashtra, Daler Singh and Ors. v. State of Haryana and Bharat v. State of M. P. it was vehemently urged by Mr. N. A. Naqvi, the learned Counsel for the appellants, that the absence of evidence in corroboration to the sole testimony of the, prosecutrix material contradictions and inconsistencies in her statement, absence of injuries on her person and the inordinate delay in lodging the FIR in the case make the prosecution case against the appellants highly doubtful and the benefit of such doubt should not be withheld from them. With equal industry, the learned Public Prosecutor has supported the judgment and order under appeal. ( 7 ) IT is the well-established principle governing the trial of criminal cases that a case is required to be decided on its own merits after appreciating the evidence in the light of the facts and circumstances attending upon the commission of the offence in that case. Therefore, rules of appreciation of evidence in criminal cases cannot be laid down in a straight jacket so as to be made applicable to all cases. Each case shall have to be decided on its own individual merits or demerits. In one case the testimony of dozens of witnesses may not inspire confidence in the Court, in another the single testimany may be found of sterling worth and hence sufficient to make the basis of the conviction of the accused. In one case of sexual assault on a girl or woman absence of injuries on her person may be considered fatal to, the success of the prosecution case, in another it may not be so. In some cases delay may be fatal, in other there may be good explanation for the delay in taking legal steps for the redressal of the wrong done. Therefore, no hard and fast rules of application of evidence may be laid down for universal application in cases which are to be decided on appreciation of direct circumstantial evidence, brought on the record of the case. ( 8 ) RAPE is not simply an offence against the personal physical privacy of a girl or woman causing her bodily injury but is an offence against a family, a section of society. It not only causes physical harm to the victim but tends to damage her very personality also, it is a crime against her right to live with honour and dignity in the society. It affects not only the victim but also others living with or around her. Therefore, cases of rape, whenever they come to the notice of Courts, must be approached with all sensitivity and sensibility. It is to be kept in mind that unless there are very cogent and convincing reasons no girl or woman would easily come forward to make such an accusation against a man. Therefore, cases of rape, whenever they come to the notice of Courts, must be approached with all sensitivity and sensibility. It is to be kept in mind that unless there are very cogent and convincing reasons no girl or woman would easily come forward to make such an accusation against a man. Once such accusation is made by her then it is to be appreciated that she is a victim of an offence and, therefore, falls in the category of an injured, witness and not in that of an accomplice. Her testimony is, therefore, to be examined at the alter of probability reasonableness and confidence arising satisfaction. If her lone testimony inspires confidence. it should be accepted and the guilty convicted. Corroboration to her testimony save that which should naturally come from the setting of facts, natural and normal human conduct of the parties involved from the way of life they are accustomed to live, and other such facts and circumstances which should naturally attend upon the commission of the offence in a particular case, is not necessary for basing the conviction of the accused. ( 9 ) THE rule of benefit of doubt which has all along run through the web of criminal jurisprudence governing our system of administration of criminal justice cannot be allowed to be morbidly extended so as to consume each and every case on the basis of fanciful flight of imagination. The rule says that the accused is entitled to the benefit of reasonablet doubt arrived at after the appraisal of the alternatives and examination of pros and cons of the case at the touch-stone of the behavioural pattern of the parties involved and attendance of the normal and natural facts of circumstances on the commission of the crime. Therefore, only reasonable part of doubt belongs to the accused and no more. ( 10 ) IN the case of K. I. Puvunny v. Asstt. Collector, the concept of the rule of benefit of doubt was examined by the Apex Court and it was observed that: The concept of benefit of doubt is not charter for acquittal. Doubt of a doubting Thomas or of a weak mind is not the road to reach the result. Not every fanciful reason that erupted from flight of imagination but relevant and germane requires to be tested. Reason are the soul of law. Doubt of a doubting Thomas or of a weak mind is not the road to reach the result. Not every fanciful reason that erupted from flight of imagination but relevant and germane requires to be tested. Reason are the soul of law. Best way to discover truth is through the interplay of view points. Discussion captures the essence of controversy by its appraisal of alternatives, presentation of pros and cons and review on the touch-stone of human conduct and all attending relevant circumstances. Truth and falsity are sworn enemies. Man may be prone to speak falsehood but circumstantial evidence shall not. Falsity is routed from mans protectively to faltering but when it is tested on the envil of circumstantial evidence truth trans. ( 11 ) THE various cases cited by Mr. Naqvi lay down no different proposition of law. Those were decided on the basis of the facts and circumstances obtaining therein and in the light of presence or absence of relevant facts having a bearing on the guilt or innocence of the accused therein. The present case is also required to be decided on itst own merits. ( 12 ) IN the instant case the scenario of the alleged occurrence is rural background. Village Guda Kutla wherefrom PW 4 Smt. Bhagwati used to come to Bandi Kui daily to earn her livelihood is connected with road whereupon vehicles are run. It is not in dispute that in that part of the State jeeps are usually plied to facilitate the needy passengers of the villages in their journey on the Kutcha and Pucca roads. Guda Katla is situated about ten or twelve kilometres away from the town of Kotputali. From the road going from Kotputli to Guda Katla or Guda Khera, by whatever name the village is called, a single road goes to village Arania. Villagers who go to the town on foot or on vehicles do generally return to their villages before sunset or soon thereafter. Roads, particularly single roads going to villages may reasonably be expected to be deserted or without any traffic on them in the hours of night with no lighting arrangements on their sides. The place of occurrence is stated to be about two kilometers away, from the main road to village Guda Khera, on the single road to village Arania. The time of occurrence is stated to be about 8. 00 or 8. The place of occurrence is stated to be about two kilometers away, from the main road to village Guda Khera, on the single road to village Arania. The time of occurrence is stated to be about 8. 00 or 8. 30 p. m. of a night in the month of April. The place was desolate, away from the village Abadi, and the time of commission of the offence was the early hours of an April night. The parties involved were two young males doing manual labours and drivers of passengers carrying jeeps by profession. The victim is a young widow of about 35 years. This factual matrix was not disputed before me. What was disputed is that a false accusation had been made against the appellants or, at any rate, the delay caused in lodging the FIR and some inconsistencies in the statement of PW 4 Smt Bhagwati render the entire prosecution case doubtful. ( 13 ) INSOFAR as the prosecution case being totally false is concerned I fail to notice any ill will or enmity existing between the parties from before. They are not the residents of the same village do not carry the same profession or work together at some other place, have nothing common to give rise to any sort of dispute over any property or rights between them. The evidence led through the defence witness Moti Lal is simply to the effect that prosecutrixs sister Smt. Bhoti was married to distant relation. Kunchan, who was again distantly related to one Taonda of village Ghada Ki Dhani. It is alleged that the said Toonda was in litigation with Bhanwar Singhs father. Pratap Singh Thakur of that village and since Smt. Bhagwati prosecutrix used to occasionally visit her sister Smt. Bhoti of that village Toonda has managed to concoct this false case against Bhanwar Singh appellant. This version has to be stated only to be rejected. Not only there is no corroboration to that what OW 1 Moti Lal has stated but also that it inspires no confidence in me. It does not appeal to my reasons that the prosecutrix would stake her own honour and respect for the sake of a person who was distantly related to her sisters husband in another village. False implication of the appellants by Smt. Bhagwati in this case is thus totally ruled out. It does not appeal to my reasons that the prosecutrix would stake her own honour and respect for the sake of a person who was distantly related to her sisters husband in another village. False implication of the appellants by Smt. Bhagwati in this case is thus totally ruled out. It is to be examined now if the alleged delay of the contended discrepancies or inconsistencies in the statement of Smt. Bhagwati create any reasonable doubt in the truthful version of the prosecution case. ( 14 ) PW 4 Smt. Bhagwati as stated above is a young widow of about 35 years of age living in village Guda Khera with her deaf and blind mother-in-law and two kiddies. She had got the employment as a IVth Class servant in the library of the Municipality at Bandi Kui in lieu of and as dependent of her late husband. It was therefore, not unusual for her to go to Kotputli in the morning and return therefrom to the village in the evening particularly when her own kiddies and blind and deaf mother-in-law were living in the village and the village was connected by road and facility of vehicles on that road was available. Her reaching the bus-stand in the evening in order to return to her village was thus not an abnormal or unusual conduct on her part. The two appellants were drivers of their jeeps on that route. Smt. Bhagwati has stated that she had travelled in the jeep of the appellants at earlier occasions too. That would have been quite natural. The prosecutrix thus had reasons to know the appellants as plying their vehicles on the route going to her village. The appellants too may reasonably be expected to be knowing her as a widow coming from the village Guda Khera in the morning and returning in the evening. The appellants in view of their own youth as also the youth of Smt. Bhagwati could have thought of committing the ghastly crime against Smt. Bhagwati. The other circumstances of the case, as narrated above could have given them good opportunity to commit the crime against her. On the fateful night it was not unusal for Smt. Bhagwati to have got herself seated in the jeep of Hukma appellant. It is not an uncommon sight that passengers climb a running vehicle. The other circumstances of the case, as narrated above could have given them good opportunity to commit the crime against her. On the fateful night it was not unusal for Smt. Bhagwati to have got herself seated in the jeep of Hukma appellant. It is not an uncommon sight that passengers climb a running vehicle. Bhanwar Singh appellant could have boarded the miming vehicle and the two appellants could have told Smt. Bhagwati that passengers going to her village or in that direction would be available at other place. It is a matter of common knowledge that jeep drivers plying vehicles for carrying passengers to villages from a small town do stop the vehicle wherever the passengers are available to them and the passenger also assemble at more than one place whichever is convenient to them. Then, after the appellants had crossed the railway crossing and had come to the lonely place it was not abnormal for Bhanwar Singh appellant to have started taking liberty with Smt. Bhagwati. Being a young man he was able to over-power her and could have resisted her from raising alarm and cries. It may be pointed out that the clothes which were seized were found torn. That indicates that Smt. Bhagwati was not a willing party to all that had happened in the jeep with her. In order to find a desolate place the appellants had taken the jeep on the single road leading to, village Arania. That was the precaution taken by the appellants and in no way suggests. any abnormal conduct or behaviour on their part. The rape on Bhagwati Devi was committed by both the appellants one by one in the vehicle itself. Smt. Bhagwati has stated that the vehicle had three sitting lines two on both sides and one in the middle of the two and that the offence was committed on her on the seating lying in the middle. The facts of the case clearly show that it was a vehicle being used by the appellant Bhanwar Singh to carry passengers from villages to Bandi Kui and vice versa. Such a sitting arrangement to seat as many passengers as could have been possible could have been made by the driver of the vehicle. The facts of the case clearly show that it was a vehicle being used by the appellant Bhanwar Singh to carry passengers from villages to Bandi Kui and vice versa. Such a sitting arrangement to seat as many passengers as could have been possible could have been made by the driver of the vehicle. ( 15 ) IT is thus clear that the story unfolded by Smt. Bhagwati was not at all an un-natural, improbable or a doubtful story in the setting of the facts naturally attending upon the commission of the crime in this case. The offence of rape could have been committed upon her by the two appellants in the manner stated by her. Her version that after the sex acts the appellants had cleaned their male organs with her petticoat and dhoti is fully corroborated by the report of the Chemical Examiner who on examination and analysis of the stains on the clothes found the human semen present on them. The mating of the vulva hair of Smt. Bhagwati in the absence of any evidence or even suggestion that she had washed her body and/or cloth go a long way to support her version. I am, therefore, in agreement with the learned trial Judge that the theory as advanced by the prosecution in this case is quite lausible natural and inspires confidence and. that the testimony of Smt. Bhagwati suffers from no material contradiction. There may be slight variance in the details of the sex acts as given in the FIR and as stated in her statement but such slight and immaterial variance is bound to take place in the version of truthful witnesses. The arguments of the learned Counsel that there was some variance over the details of the time of the arrival of the tractor from the opposite direction such variance should create reasonable doubt about the commission of the offence by the appellant does not find favour with me. In her examination in Court Smt. Bhagwati has stated that on seeing the light of the tractor the appellants had given a turn to their vehicle and had closed her mouth with their hands and when the tractor, had passed away and gone to considerable distance they had released her. This version seems to be quite natural and in accord with normal human conduct. This version seems to be quite natural and in accord with normal human conduct. If the appellant had thrown away the ravished lady on seeing the tractor approaching there the tractorwalas could have found the lone lady there and helped her reach her village or near to that. ( 16 ) IT is true that the FIR in the case was lodged by Smt. Bhagwati on the next day in the evening. But I agree with the trial Judge that the delay caused in lodging the FIR with delay had been satisfactorily explained by the prosecution. Delay in reporting an incident to police would by itself not consume the crime which is in fact found committed is a case. If the delay is satisfactorily explained then no adverse view of prosecution theory should be taken. Then the explanation regarding delay is to be appreciated in the background of the socio economic and cultural status of the informant. Some delay in reporting cases of sexual assaults on girls and women is bound to be caused due to natural hesitancy on the part of the victim and her relations and economic and social disparties between the parties. Smt. Bhagwati is an illiterate village lady belonging to the Scheduled Caste. She had no male member in her family. She stated that in the morning she had gone to the Police Station but the Constables there had asked her to come to the Police Station with some male member. That was also, the natural conduct of the Constable in view of the amended position of law on the subject. Then Smt. Bhagwati had tried to take her mother-in-laws nephew PW 3 Pyare Lal with her but he could be available in the evening only. Pyarelal has corroborated her version. In my opinion in the facts and circumstances of this case the delay caused in lodging the FIR had been satisfactorily explained and the delayed FIR did not contain an after-thought version in it. To sum up, I find no force in this appeal and dismiss it as such. Appeal dismissed.