should vacate the temple. She stated that again on 5th February, 2013 the same persons came threatened them, broke the gate of their house and gave beatings to them. She wrote an application on the dictation of some police official but did not mention anything about Amarnath and his associates. 15. The appellant, in his statement under Section 313 Cr.P.C., stated that he was taken by the PCR officials at about 9:15 P.M., to the Police Station Samaypur Badli alongwith the mother of the prosecutrix, where he was made to sit for about 6 to 7 hours before his arrest in this case. He denied the occurrence of any such event. He stated that he had been falsely arrested in this case on the behest of Amarnath Chaudhary who was a property dealer and wanted to grab the property of the temple. 16. From the defence evidence as led by the appellant as also the fact admitted by the prosecution witnesses including the mother and uncle of the prosecutrix who admitted that the katha was going on and it used to start at either at 4.00 p.m. or 5.00 p.m. and there used to be 20-25 people, it is proved that at the relevant time ‘katha’ was going on daily in the temple and even accepting the version of the uncle of the prosecutrix it was from 3.00 p.m. to 6.00 p.m., after 6.00 p.m. sometime was required to be spent in Aarti and Prasad. Case of the prosecutrix is that the alleged incident occurred at around 6.00 p.m. However as proved at that time the appellant who was the pujari of the mandir, would be narrating the katha or would be busy in performing Aarti and distributing prasad, the defence version is probablized as the specific case of the prosecutrix is that when she went, there was no katha going on and she went to light the diyas at 6.00 p.m. The daily timings of the katha have been proved to be between 3.30 p.m. and 6.30 p.m. and admittedly from 3.00 p.m. to 6.00 p.m. followed by aarti and
