Learned counsel for the applicant in support of his application for bail submits that the applicant is innocent. He has been falsely implicated. It is further submitted that the FIR was lodged by mother of the victim u/s 363, 366 IPC against the sole named accused applicant with the allegation that her minor daughter Miss 'X' (aged about 15 years) was enticed away by the applicant on 21.08.2019. Eventually, the girl was recovered on 12.10.2019 i.e. after one month and 20 days of the incident and thereafter, her statements were recorded u/s 161 and 164 Cr.P.C. I have keenly perused the statement of the girl recorded u/s 164 Cr.P.C. and finds that she had remained in the company of the applicant and visited at least half and dozen places without any resistance, objection and alarm. As per the medical opinion, her age comes around 17 years and after giving benefit of 2 years either way, she seems to be a major girl. Besides this, there is no injury seen over her private organ. Her hymen is old torn and healed and her conduct indicates that she was in the consensual relationship with the applicant. It has lastly been submitted that the applicant is in jail since 08.08.2020 having no criminal antecedents except the present one.
