of the trial; on prima facie basis, it has been submitted by learned counsel for the appellant that the FIR was lodged with a delay of one day making factual allegations against co-accused Shariful and two unknown persons; they were alleged to have covered the victim's mouth, held her by her throat and to have assaulted her; in her statement recorded under Section 161 Cr.P.C. , she has named the other two accused as the appellant and Saiful Islam; in her statement recorded under Section 164 Cr.P.C. she made allegation of the appellant having held the victim from her legs. At the same time in the FIR and in all the statements recorded during investigation, the allegation of rape was made against Shariful; it is thus contended that the appellant has been falsely implicated by way of over implication as he is a person known to the main accused and there are petty disputes between the main accused Shariful and the alleged victim who are both employed at the same corporation; relying on the injury report, it has been stated that the injuries caused in the occurrence were described to have been sustained upon falling from a motorcycle as recorded in the injury report; in that regard response had been called from the Doctor who had examined the victim; today learned A.G.A. informed that the said Doctor namely Ramji Lal is not available as he has undergone a liver transplant procedure . Also, it has been submitted, the allegations of violation under SC/ST Act are general and made to lend colour to the story.
