The submission of the learned counsel for the applicant is that in the FIR authored by the prosecutrix, the allegation against the applicant and coaccused, Nabi Hasan is of waylaying her when she was returning home from a visit to the doctor and assault accompanied by outraging her modesty, and in the melee stealing two mobile phones, two pass books, some items of jewellery, Rs. 1800/- worth medicine, Rs. 1000/- in cash, and Adhar Card, all that was in her purse. It is pointed out that the FIR is a complete account of the occurrence given by the prosecutrix where there is absolutely no allegation of rape, though outraging of modesty is alleged. It is submitted by learned counsel with reference to record that in the statement under Section 164 Cr.P.C. recorded before the Magistrate, the allegation of stealing her purse is there against the applicant, whereas an allegation of rape has been alleged against co-acused, Nabi Hasan. It is emphasized that the allegation of rape, though introduced by way of an improvement, is against Nabi Hasan alone, and not against the applicant, who is said to have run away with the prosecutrix's purse. It is pointed out further that in the statement under Section 161 Cr.P.C. also, there is a like account, where there is no allegation of rape against the applicant, but co-
