It is argued by the learned counsel for the applicant that the present first information report has been lodged on 11th March, 2019 at 21:23 hours by Smt. Babali Tabassum i.e. mother of the victim, namely, Mohd. Farman against the applicant alleging therein that on 11th March, 2019 at 05:30 p.m. (evening), with bad intention, the applicant dragged the victim on gun point to the field of sugar cane, which situated across the line of Naee Basti and he committed unnatural offence upon the victim. On listening the cry and scream of the victim, two witnesses, namely, Nadeem Ahamd and Taukin Anwar came on the place of incident and on seeing them, the applicant after threatening to kill the victim, ran away. It has further been argued by the learned counsel for the applicant that perusal of the statements of the victim recorded under Sections 161 and 164 Cr.P.C., in the statement of the informant recorded under Section 161 Cr.P.C. as well as in the statements of the both the independent witnesses, there are some variations. In the statement of the victim under Section 164 Cr.P.C., it has been stated that when the applicant was committing unnatural offence upon the victim, both the witnesses reached and they saw the incident but in the statements, both the witnesses stated that on hearing the cry and scream of the victim, they reached the place of occurrence and saw the victim, who was crying and applicant ran away. Therefore, it appears that both the witnesses have not seen the incident. It has further been argued by the learned counsel for the
