It is submitted by learned counsel for the applicant that as per the first information report, daughter of the informant was abducted/kidnapped by the applicant and other two co-accused namely, Navle and Shovendra @ Mangli. After lodging the first information report on 13.12.2019, the victim was recovered on 18.12.2019. As per the medico legal examination report of sexual violence, the victim has stated that she was gone with co-accused Shovendra @ Mangli and he has done nothing wrong with her. It is next submitted by learned counsel for the applicant that in the statement recorded under Section 164 Cr.P.C. she has stated that she was kidnapped by the applicant and two other co-accused at gun point and the co-accused Shovendra @ Mangli raped her and the applicant as well as coaccused Navle was remained outside. It is next submitted by learned counsel for the applicant that as per the case diary details, age of the victim was 16 years on the date of incident. It is next submitted that applicant is innocent and he has falsely been implicated in the present case. The role of rape has been assigned to co-accused Shovendra @ Mangli. Therefore, the role of applicant is distinguishable from co-accused Shovendra @ Mangli. It is lastly submitted that applicant is in jail since 13.02.2020 having no other previous criminal history to his credit and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
