Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon a minor victim girl. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by learned senior counsel for the petitioner that the learned Magistrate who recorded the statement of the victim under Section 164 Cr.P.C, has assessed the age of the victim to be 21 years as per the date of birth mentioned in the Aadhar card. It is further submitted by learned senior counsel for the petitioner that in the statement of the victim recorded under Section 164 Cr.P.C, the victim has categorically stated that the petitioner promised to marry the victim six months prior to the occurrence and on the relevant date, he committed rape and the petitioner gave mobile to the victim to call her family members, which is highly unlikely in a case of rape. It is further submitted by learned senior counsel for the petitioner that in the medical examination of the victim, her hymen was found intact and was admitting only tip of finger and no definite opinion was given whether the victim was raped or not. In the medical examination of the victim, no mark of injury was on on her private parts. It is further submitted by learned senior counsel for the petitioner that from the allegations, it is evident that it is the case of consensual sexual relationship between two adults. It is further submitted by learned counsel for the petitioner that charge sheet has been submitted against the petitioner . It is further submitted by learned counsel for the
