accused person Omkar Verma, three other unknown persons were also added. Some biting marks have also been noticed on the breast of the victim along with some scratches marks on her back. However, there was no injury on the private parts of the prosecutrix. It was in the statement of the prosecutrix recorded under Section 164 Cr.P.C. with the help of her mother who acted as translator/interpreter that the name of the appellant, Omkar, Mannu and Ajay was revealed by the victim. However, this statement has been doubted by learned counsel for the appellant by submitting that it is the mother of the prosecutrix who have claimed to have understood the language/signs of the prosecutrix in order to narrate the names of the accused persons and the names of four accused persons allegedly taken by the prosecutrix has also not been believed by the investigating officer as the name of one accused, namely, Ajay has been dropped on the basis of the statement of the husband of the prosecutrix. It is also evident that the F.I.R. of this case has been lodged on 23.02.2024 while the incident is of 22.02.2024 and the defence of the appellant appears to be that there was cooling of time available for the victim and informant to have collected the details and all the information from the prosecutrix and on the basis of the same F.I.R. has been lodged wherein the name of the appellant is not shown. Appellant is in jail in this case since 02.03.2024 without any criminal antecedents. Similarly placed co-accused persons, namely, Harish Kashyap has already been granted bail by this Court, vide order dated 02.09.2024 passed in Criminal Appeal No. 1846 of 2024 and the presence of the appellant may be secured before the trial court by placing adequate conditions.
