that when the appellant allegedly fleeing away from the place, they saw the registration number of the motorcycle and immediately the prosecutrix informed them the incident, but in her written report, the registration number of the said motorcycle has not been disclosed by her or even, her brother in law and his friend have not disclosed before the police about the registration number of the motorcycle. The test identification parade conducted by the prosecution is also irregular. He would further submit that it is impossible for anyone that when a person answering the call of nature, another person came their and commit unnatural offence with her, because in that short span of time, she might have made her efforts and immediately shouted and it is not possible for anyone to commit the offence at that time. The nature of offence is also raised suspicion on the prosecution’s case and further it is also suspicious that on that particular place, the appellant was also present, where the prosecutrix had gone for answering the call of nature. It is also submitted by him that after alleged commission of offence, the appellant came up to the place where his motorcycle was parked, he get it started and flee from the place, is totally an improbable story developed by the prosecutrix, on because of the reason that the appellant was having enmity with a local politician at village Baronda and there is political rivalry between them and the appellant is objecting his illegal mining and made several complaints against that person. The appellant is in jail since 29.01.2024, final adjudication of the case will take its own time, therefore, he may be enlarged on bail.
