Learned counsel for the appellant further submits that no role of committing rape has been assigned to the present appellant in the F.I.R. In her statement recorded under Section 161 Cr.P.C., the prosecutrix has repeated almost the same version of F.I.R. and stated that co-accused, Nawazis committed rape upon her whereas the appellant alongwith other three persons only pushed the prosecutrix inside the room. Whereas in her statement recorded under Section 164 Cr.P.C., the prosecutrix has stated that she was in love affairs with the co-accused, Nawazis, who on the pretext of false promise of marriage, committed rape upon her and took money from her several times. She also stated in her statement recorded under Section 164 Cr.P.C. that the co-accused, Nawazis celebrated his birthday alongwith her either on 26.01.2021 or 15.08.2021 and took Rs.5,000/- from her and assured her for marriage, however, no marriage was solemnized. Learned counsel for the appellant further submits that no allegation of commission of rape has been assigned upon the present appellant and the present appellant has been falsely implicated in the present case because he is good friend of co-accused, Nawazis.
