Sunita, no allegation was made against Bhagwan Chand and sexual assault was alleged only against the father Om Prakash. On the same day, the FIR in question was subsequently registered vide FIR No. 197/2012, wherein the allegation against the respondent Bhagwan Chand was that he and Om Prakash have gone to the residence of Om Prakash, where the prosecutrix was present and Om Prakash asked the prosecutrix to get water. She stated that she got the water, whereafter the respondent Bhagwan Chand had inappropriately touched her and also made inappropriate advances. She claimed that she freed herself from the clutches of Bhagwan Chand and went outside the house. She returned to the house only after the respondent accused had left. The statement of the prosecutrix was thereafter recorded under Section 164 of Cr.P.C. on 8th June 2012 wherein she stood by her allegations contained in the FIR against the respondent Bhagwan Chand. However, when she appeared as a witness during the course of trial, she improved her allegations by claiming that it was the father Om Prakash, who had gone to get water and while he was away, the respondent Bhagwan Chand had raped her.
