4. Learned counsel for the appellant submits that during the course of trial, the victim was examined as PW-1, and in her statement, she stated that on 15.05.2022 at about 7:00 PM, when she went to ease herself then she was caught by the appellant and he forcibly committed rape with her, thereafter, on her alarm, her brother-in-law, namely, Manish came to her rescue but he was beaten by kicks and punches and blow of brick was also given on his leg, thereafter, appellant ran away. He further submits that in her cross-examination, victim has stated that on 15.05.2022, at about 7:00 PM, the appellant was beating her brother-in-law, namely Manish and she reached there and raised alarm, thereafter, several co-villagers, namely, Pradeep Tiwari, Satram and others also reached there, on seeing them, the appellant ran away. As the victim was not beaten by the appellant and she tried to save her brother-in-law, namely, Manish but no one reported the alleged incident to the police on the very day, therefore, there are major contradictions in deposition of victim about the facts of the case but the same was not considered properly by the trial court and appellant was convicted. He further submits that appellant was on bail during the course of trial and he never misused the liberty of bail. He further submits that the appeal has already been admitted and there is no possibility of hearing of the appeal in near future, hence, the appellant is entitled for interim bail.
