It is submitted by learned counsel for the appellant that Guru Baksh, father of the victim has lodged the present F.I.R. on 19.8.2020 for the incident said to have taken place on 10.8.2019 u/s 366, 504, 506 I.P.C. and Section 3(1)(Da) of SC/ST Act against the applicant and one Joginder Yadav 2 Jugadi with the allegation that her daughter, aged about 22 years, was enticed away by the named accused persons on 10.8.2019. The present F.I.R. was got registered after inordinate delay of more than a year i.e. on 19.8.2020. I have perused the statements of the victim u/s 161 and 164 Cr.P.C. The most startling feature of this prosecution story is that there is inordinate and unexplained delay of more than a year, in which the victim has attributed the role of sexual harassment and assault upon the accused persons for full one year. The victim was subjected to sexual assault upon her but she did not raise any alarm, voice or sought any help from any quarter. This by itself, is a quite surprising aspect of the entire issue. Moreover, the criminal appeal on behalf of co-accused Jogendra Yadav @ Jugadi was allowed by Coordinate Bench of this Court vide order dated 14.7.2021 while deciding Criminal Appeal no.1844 of 2021. Submission of learned counsel for the appellant is that the case of the appellant stands on exact footing qua the co-accused Jogendra Yadav @ Jugadi. The appellant is languishing in jail since 26.9.2020.
