Submission made by learned counsel for the applicant is that initially the FIR was got registered on 19.1.2019 for the incident said to have been taken place on 13.11.2019 against the applicant Jitendra with the applicant that the applicant has enticed away his minor sister aged about 14 years to some unknown place. Submission made by the counsel that the girl was eventually recovered on 01.01.2020. Immediately thereafter, she was put for her 161 Cr.P.C. statement was recorded on the same day in which she has stated that she is permanent resident of Barabanki and resides with his brother. She stated that her age is 14 years and she is an illiterate girl. She further states that there is infatuation between the victim and the applicant. Both of them went to Rajasthan and got married there in a temple, she was medically examined and put for ossification test and as per ossification test report, the age of the girl comes around 17 years. By giving the benefit of two years either way, she seems to be major girl. However, in 164 Cr.P.C. statement recorded when she was in the custody of her parent, she has somersaulted by 180 degree by alleging that she was subject matter of rape by the applicant. The medical report of the victim shown that she was physically assaulted but the conduct o the girl shows that she on her own volition and accord she has joined the company of the applicant and remain with applicant for almost two months without any justification, she seems to be consensual party to the entire episode. The applicant is languishing in jail since 05.01.2020.
