Learned counsel for the applicant has submitted that as per the ossification test report, the age of the victim is above 15 years. In her statement under Section 161 Cr.P.C., she did not made any allegation of rape against anyone. She stated that she left her house on her own after being scolded by her parents. Thereafter she returned back to her house on her own. However, in her statement under Section 164 Cr.P.C., she stated that she left her house five days ago and thereafter she went to the house of her friend, Hema, where mother of Hema tied band on her hand and thereafter she became unconscious. After she regained consciousness, she found herself in the house of Ramesh and Sunil and both of them committed the alleged offence against her. Learned counsel for the applicant has pointed out that mother of Hema and Hema were not implicated in this case. The victim refused to get herself medically examined. Therefore the alleged offence cannot be proved before the trial court. Both the accused belong to different houses. There is no explanation how the victim was at their houses together on the same time.The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 22.11.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.
