It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case. Infact from the manner in which the prosecution has setup the version, on the face of it, appears to be improbable and unworthy of credence. According to F.I.R. and the statement of the prosecutrix, it is stated that the prosecutrix is sister-in-law of the applicant. On the fateful day i.e. in the intervening night of 16/17.4.2018, no time of alleged incident has been disclosed in the F.I.R. or in the statement of the prosecutrix, however, it is stated that when the prosecutrix along with her younger sister, Bhabhi and the applicant were sleeping on the same terrace the applicant caught her and forcibly committed rape on her. Learned counsel states that it is highly improbable that in the presence of younger sister of the prosecutrix and other family members, who were sleeping in the same terrace the applicant would dare to commit rape in the manner as alleged. He further submits that admittedly the applicant was not armed with any weapon, there is no averment in the statement of the prosecutrix that she raised any hue and cry when the applicant had made an attempt to commit rape on her. He lastly submitted that the prosecutrix is aged about 19 years and the possibility that the prosecutrix was a consenting party cannot be ruled out. In the medical report, no marks of injuries were noted on all over body and private parts.
