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 victim herself has lodged the FIR after two days of the incident i.e. 18.10.2020 under sections 376D, 504, 506 IPC and 5/6 POCSO Act, under section 3(2)(V) SC/ST Act against Abhishek Patel and Lehri Patel with the allegation that the informant is aged about 13 years and while she was sleeping, the named accused persons barged into her house and sexually assaulted upon her. Thereafter again they taken her out side the house, in the paddy filed and again sexually assaulted. During this process, there was no alarm or she sought the help of other family members. Though there is constant stand in her statements recorded under section 161 and 164 Cr.P.C. regarding the involvement of the applicant in this heinous offence but fact remains, that the medical report of the girl totally belies the allegation of gang rape. The doctor has clearly opined that there is no external injury over the body of the victim and her hymen was found old torn and healed. The supplementary medical report, clearly indicates that there is no use of force over her person. It is further contended that, the medical report has blasted the prosecution case to the extent, that there are two able bodied persons, had sexually assaulted upon the young girl, her external body as well as her private organ are found safe and intact. Her radiological age is also shown that her age is 16-18 years. It has lastly been submitted that the applicant is in jail since 22.10.2020 having no criminal antecedents except the present one.
