Learned counsel for the applicant submits that the FIR of the alleged incident was lodged by the victim herself making allegation of rape against the applicant. It has further been mentioned that co-accused Bittu and Monu also entered into her house who were standing near the gate at the time of alleged incident. The victim was medically examined. At the time of medical examination she has made allegation of rape against the applicant, co-accused Bittu and Monu. Thereafter, in her statement recorded under section 161 Cr.P.C. the victim has made allegation of rape only against the applicant and said that Bittu and Monu were standing near the gate. In her statement recorded under section 164 Cr.P.C. the victim has changed her version and has stated that applicant tried to commit rape upon her. Thereafter, the case was converted under section 376, 511 IPC and charge-sheet has been submitted against the applicant under section 376, 511, 452, 506 IPC. It has further been submitted that the statements of victim are contradictory. The prosecution story is not probable and believable. False allegation has been made against the applicant. In medical report the age of victim has been shown about 18-19 years. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 25.4.2019.
