On this premises, it was argued by Sri Mukesh Kumar Pandey, learned counsel for the appellant that the FIR was lodged by the victim after an inordinate delay of five months and 15 days and therefore, the allegations made in the FIR may be taken with the pinch of sault. After lodging the FIR, she was referred to women hospital, Banda for her medical examination of sexual violence on 08.10.2020 and as per the medical report, there is no external injury over her person, her hymen was ruptured and healed. She has given her statement to the doctor retreating the allegation of the FIR and from the medico-legal report it is clear that there is a penetration of the human organ in her private part. The doctor is not in a position to give any concrete opinion about the sexual violence but in the statements of the victim recorded u/s 161 and 164 Cr.P.C., she has given an elaborate and vivid description of the atrocities committed by the appellant and co-accused persons. There is minor discrepancies but broadly speaking that she was maintained consistent story of the prosecution case in the FIR, in her statements recorded u/s 161 and 164 Cr.P.C. In her statement recorded u/s 164 Cr.P.C. she has stated that for the full three months, all of them after over powering and extending threat, keep on committing rape with her and they were not permitting her to go out side the room. The room in question was too in the secluded place even she has not able to contact with her would be husband Neeraj at Unchaahaar but he too has not made any serious attempt to recover his fiance. The police personnel too has pressurize her to wriggled out from her stand and on account of these atrocities when it became public her marriage was broken. Learned counsel for the appellant has further submitted that the police has affect the arrest of the appellant on 11/12.10.2020 though in paragraph 13 of the affidavit it has been mentioned that police has arrested the accused Sanjay then accused Shiv Naresh and Chotu came to the police station along with the victim though in parcha no. 2 of the case diary the accused
