It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The first information report was lodged by the victim against the applicant and case was registered under Section 457, 354Ka and 323 I.P.C. In the first information report there was no allegation of rape was levelled against the applicant. The Statement of the victim has been recorded under Section 161 Cr.P.C. in which it has been stated by the victim that the applicant has attempted to commit rape but in her statement recorded under Section 164 Cr.P.C., the allegation of rape has been levelled against the applicant. It is submitted by the learned counsel for the applicant that there is severe contradiction in the statements of the victim recorded under Sections 161 and 164 Cr.P.C. The date of birth of the victim as per school certificate is 05.01.2002 and as such, she is major. Lastly, it is submitted that there are political rivalry between the families of the victim and applicant; as the uncle of the applicant is present village Pradhan, whereas, the uncle of the victim was ex-village Pradhan, as such, the applicant has been falsely implicated in the present case. The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 22.10.2022.
