Rajesh Kumar informed that on 18.12.2010 at around 10.00 p.m. when he returned to his house and went up-stairs, he heard X’s voice from inside the respondent’s room on the ground floor. The room was half-closed. When he saw inside the room, he found that the accused was attempting to commit rape upon ‘X’. On seeing him, the respondent became perplexed, put ‘on’ clothes and fled the spot. He brought ‘X’ up-stairs and informed about the incident to his wife Manju. After some time, the respondent returned and threatened to kill him. Due to fear, he did not lodge report that day. In his Court statement, the complainant as PW-8 introduced a new version quite inconsistent and contradictory to the initial statement (Ex.PW-8/A) given to the police. He deposed that on 18.12.2010 at about 10.00 / 10.15 p.m., when he returned from his place of work and went to his room, he did not find ‘X’ there. On enquiry from his wife, he came to know that she might have gone to toilet. However, ‘X’ was not there in the toilet. He came down-stairs and made enquiries from Seema, a tenant on the ground floor. Her son aged around 4 – 5 years informed him that ‘X’ was in the respondent’s room. He knocked at the respondent’s room for about 15 – 20 minutes and when it was opened he found the prosecutrix in his room. He brought her up-stairs and she informed him
