the occurrence reporting an offence of outraging the prosecutrix's modesty under Sections 452, 354, 323 IPC and Section 8 POCSO Act, where there is no allegation of rape made in the FIR. The statement of the prosecutrix, recorded by the police under Section 161 Cr.P.C., coming from her mouth, also does not allege rape, and only speaks about outraging her modesty. However, it is submitted that a reading of the statement shows, that in response to a leading question put to the prosecutrix by the Investigating Officer, as to whether she had been ravished also, the prosecutrix answered, “Yes”, showing that she had been raped. It is submitted that the question was suggestive and designed to elicit virtually falsehood from the prosecutrix. Learned counsel for the applicant has taken the Court through the statement of the prosecutrix under Section 164 Cr.P.C., where in the first lap of the account, the prosecutrix has again spoken about outraging her modesty alone, and, then said that she was raped also. The Magistrate has recorded the relevant part, according to the learned counsel for the applicant, in the following words:
