It has been contended by the learned counsel for the applicants that there are counter version of the present incident. He submits that the injured of the present case had tried to commit the rape of the wife of the applicant no. 1 for which an F.I.R. was lodged by the mother of applicant no. 1 against him on 3.12.2019 which registered as case crime no. 416 of 2019 for the offence under sections 452, 323, 376, 511 I.P.C., police station Rabupura, District Gautam Budh Nagar in which statement of the wife of applicant no. 1 was recorded under section 164 Cr.P.C. in which she levelled allegation of attempt to rape against the injured of the present case, namely, Mohit. He submits that earlier also an F.I.R. was lodged by the wife of applicant no. 1 against the injured on 18.7.2017 for the offence under sections 147, 148, 452, 376, 511, 323, 324 I.P.C. He submits that though the injured-Mohit has received injuries on his person but the same was caused to him by the applicants and co-accused of the present case when he tried to commit rape of the wife of the applicant no. 1. He submits that the presence of the injured-Mohit at the place of occurrence is admitted. The F.I.R. lodged by the mother of applicant no. 1 is at prior point of time. He further submitted that investigation of the present case is still pending and till date no charge-sheet has been submitted. The applicants have no other reported criminal antecedent.
