The submission of learned counsel for the applicant is that though the allegation of rape is consistent in the FIR and in the statement under Section 164 Cr.P.C., the same is not, in the least, corroborated by the medico legal evidence. In support of his contention, the learned counsel for the applicant has taken the Court through the medico legal examination reports, the one dated 21.09.2017 annexed at page no. 28 of the paper book shows that no mark of any injury is found present on the body though the allegation is one of violent rape with use of force. The other report relating to the presence of spermatozoa has also been returned with a finding in the negative, and, at the end of all medical examination, the opinion expressed by the doctor is that "no definite opinion can be made." The submission is that from the allegation and nature of offence, the medico legal evidence would have supported by some telltale signs to establish a prima facie case, which are absolutely not there. It is further argued that a false allegation has come in the background of entrenched political rivalry between the family of the applicant and the prosecutrix, the details of which have been brought on record by the applicant through a supplementary affidavit dated 11.11.2018. It has been pointed out that paternal uncle of the prosecutrix, has contested B.D.C. election against different members of the applicant's family in the year 2005, 2010 and 2015, and, lost them all as mentioned in paragraph no. 4 to the supplementary affidavit.
