counsel for the applicant that in the statement under Section 164 Cr.P.C., the allegation against the applicant and co-accused, Awadhesh is of waylaying the couple, with the applicant assigned the role of threatening them at gun point. It is said that the applicant, co-accused, Awadhesh and an unknown offender beat up the prosecutrix and her husband, where the applicant is said to have held her husband captive at gun point. Here also the allegation of rape is confined to co-accused, Awadhesh with the third unknown, holding the prosecutrix down. During her medico legal examination the prosecutrix again has specifically assigned the role of ravishing her to Awadhesh, whereas a general allegation of waylaying the couple and assault, is assigned to all the three accused. The submission of the learned counsel for the applicant is that the prosecution case has been improved from that of an attempted rape in the self authored FIR by the prosecutrix, to an accomplished act in subsequent accounts, which makes the prosecution case shaky and undependable. It is further argued by learned counsel that the allegation of rape throughout is against Awadhesh, co-accused, but not against the applicant. It is in the last argued that a perusal of the medico legal report shows that there is no such injury indicated in the medico legal examination to the genitals, as may be compatible with a case of violent rape, alleged.
