Learned counsel for the applicant submits that according to F.I.R. version by giving intoxicating substance applicant used to commit rape near about three months upon the victim aged about 14 years. In statement under Section 161 Cr.P.C., the victim has stated that applicant took away her at his house at about 11:00 p.m. in the intervening night of 23/24.05.2019 where mother of the victim closed the victim in the room of the applicant and he committed rape upon her. In statement under Section 164 Cr.P.C., the victim has stated that one day at about 1:00 p.m. applicant committed first time rape upon her thereafter, 8-10 days when she was alone in her house, again he committed rape upon her and on 23.05.2019, when her family members had slept, accused came in her house and took away her by saying to cook food at his house where his mother mixing something gave her cold drink and closed her in the room of the applicant and went on the roof, applicant committed rape upon her. Radiological age of the victim has been ascertained 15 years and as per case of Jaya Mala vs. Home Secretary, Govt. of Jammu & Kashmir and anther , (1982) 2 SCC 538 , two three years variation in the radiological age either side is possible and variation favourable to accused will be taken into account. He further submits that actually at the time of alleged incident, the victim was major and consenting party. The applicant has not committed the alleged offence. He has been falsely implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse
