issues, in consequence of which she called her father, who came but could not locate her. It is also said in the aforesaid statement that the two did not have any physical relations. However, in the said statement it is added that the applicant tried to be physically intimate but there was no physical contact. It is pointed out that in the statement under Section 164 Cr.P.C. a completely different story has been set up by the prosecutrix where she said that the applicant sent her a sweet (Laddu) through a common acquaintance, Imran, saying that it was a Laddu from a Dargah . She came inside and ate the sweet, thereafter, she came under a spell. She would do anything the applicant asked her. He, on 6.1.2018 at 7.00 p.m. called her out of her house and said that he wants to elope with her. She came back inside her house and on the following evening on 7.1.2018 staying under the spell eloped with the applicant boarding an auto rickshaw. They proceeded to the bus stand, boarding a bus to Bareilly, wherefrom they proceeded to Chandigarh. It is said that at Chandigarh, the two stayed at the house of one Viresh where the applicant had forcible sex with her/ravished her. It is said that it was afterwards that the spell cast on account of consuming the sweet (Laddu) disappeared, she called her father, who was on way when Rahul (the applicant) took her to Etah and arrived there on 3.2.2018 and the police rescued her at the Etah bus stand while arresting Rahul. The submission is that the story under Section 164 Cr.P.C. is almost incredible, if not fantastic. Even if the story were to be believed the account in the statement under Section 161 Cr.P.C. is incompatible, where there is no allegation of rape, that has been brought in for the first time through the statement under Section 164 Cr.P.C. It is in the aforesaid premises that the learned counsel for the applicant submits that the prosecution case is entirely unreliable.
