It is contended by learned counsel for the appellant that the FIR was got registered by the victim herself on 18.09.2020 for the incident said to have taken place on 05.03.2020 u/s 366, 392, 376-D IPC and section 3(2)(5) of SC/ST Act against three named accused persons including the appellant. It is further contended that there is no explanation coming forward for the inordinate delay in lodging of the FIR. As per the allegation of the FIR, all the three named accused persons have ravished the lady who is none other than the informant of the FIR. It is further submits that the victim was in the company of the appellant for 4 months and 10 days, she is a married woman and mother of two kids. It is next submitted that on 17.05.2020 she appear before the sub Inspector P.S. Mataundh, Banda whereby she has made a complaint against her own husband and has submitted that she went to her aunt's place at Mahola and since, she is residing with her aunt, she has declined as the allegation of alleged kidnapping fasten by her husband. She further states that she does not want to remain in the company of her husband. It has lastly been submitted that the conduct of the victim shows that she was in consensual relationship with the appellant.
