Learned counsel points out that in the counter affidavit filed on behalf of the State there is no such assertion or material to show that any vedio clip has been uploaded to internet though it is said in parcha no. 1 that some obscene photographs have been handed over to the investigating officer, which he submits, are photographs given by the victim's father. It is submitted that in the present crime which was initially registered under Section 354(C), 504, 506 IPC and Section 67 of I.T Act, bail was granted to the applicant by the Magistrate. However, lateron, in view of the statement under Section 164 Cr.P.C, section 376-D was added wherein allegation of gang rape has come in. It is submitted that in the FIR, there is complete absence of any allegation of rape, let alone gang rape and, therefore, the prosecutrix in the statement under Section 164 Cr.P.C has generically changed the nature of the prosecution case. It is submitted that the said changes are based on after-thought. It is further argued that a perusal of the medico legal report shows that there are no such telltale injuries compatible with a case of gang rape by three men.
