Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has stated that applicant is a retired school teacher. He was not present at the scene of occurrence and he had claimed an alibi to the said offence, as such he was exonerated by the police and a closure report was filed with respect to him. Later on, during trial the applicant and other co-accused persons were summoned by invoking the provisions of Section 319 Cr.P.C. by the learned trial Judge after the recording of examination-in-chief of P.W. 1 only. The said order was set aside by the Sessions Judge to decide afresh in light of the judgement of the Apex Court in Hardeep Singh vs. State of Punjab (2014) 85 ACC 313. After recording of statements of three witnesses of fact, the applicant and other coaccused persons have been summoned by the learned trial Judge vide order 4.7.2022. The applicant has not misused the process of law and is a law abiding person. Being a retired person, there is no likelihood of him absconding. There is no criminal history of the applicant. It is further stated that applicant is co-operating in the investigation and is ready to cooperate in future also. There is no likelihood of the applicant repeating the said offence, if any. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.
