It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that the alleged incident is said to have taken place on 11.06.2022 and the FIR of the alleged incident was lodged by the first informant on 15.06.2022 after delay of four day without any explanation. The allegation made in the FIR is that the applicant has allegedly kidnapped the daughter of the first informant with the help of co-accused and the victim was recovered by the police on 28.06.2022. In her statement under Section 161 Cr.P.C. the victim has stated that she is in relation with the applicant and joined the company of the applicant with her own sweet will and went various place with the applicant and solemnized marriage with the applicant on 15.06.2022 at Shiv Temple, Delhi. The statement of victim was recorded under Section 164 Cr.P.C. in which she has changed her version and made allegation against the applicant and stated that he used force and committed rape with her. The statement of victim was also recorded by the doctor, in which she has not made any allegation against the applicant and stated that she went with the applicant on her own sweet will. It is next submitted that as per the ossification test, the age of the victim was found about 18 years and no mark of sexual assault was found on the body of alleged victim. It is next submitted that the victim is major girl. The applicant and victim both lived as husband and wife and the applicant has made physical relationship with the victim on her own sweet will, hence, no offence under the aforesaid section is made out against the applicant. It is further submitted that applicant is languishing in jail since 30.06.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
