Submission of learned counsel for the applicant is that according to F.I.R. lodged by victim herself against two unknown person, on 17.09.2019 at about 7.00 p.m. while victim was coming from his job, she was over powered by unknown young boys who sexually assaulted upon her. The age of victim is 22-23 years. In the statement recorded under Section 161 Cr.P.C. she did not disclosed the anybody's name. Suddenly, on 18.09.2019 the police has managed to get the name of the applicant from an informant and without holding any proper Identification test parade has made the applicant as an accused. On 20.09.2019, she again gave the description of the incident without disclosing the anybody being in her statement recorded under Section 164 Cr.P.C. She is continuously silent though out, though medical examination report clearly indicates that she was subjected to sexual assault. In the absence of any fixed identify by holding any test identification parade, there is deep rooted crisis regarding identity of the real assailant and in peril the applicant cannot be put behind the bars. It is further
