Court Government Pleader appearing for the State and also on perusal of the material available on record, no doubt, the case of the prosecution is that the incident was taken place on 09.11.2021. At the first instance, a complaint was given by the mother of the victim girl, wherein, she has pointed out accused No.1 committed the sexual act. The learned counsel appearing for the petitioner relied upon the statement dated 08.12.2021 allegedly given by the victim, wherein also, she has not stated anything about subjecting her for sexual act. On the very same day, the victim was taken to the hospital i.e., on 08.12.2021 and before the Doctor she makes a specific allegation against accused No.1 and also stated before the Doctor that accused No.1 called another person and both of them removed her dress and raped her. In 164 statement also, she reiterates that this petitioner also subjected her for sexual act and the Test Identification Parade is also conducted. In the Test Identification Parade identified this petitioner that he also subjected her for sexual act. Though the learned counsel appearing for the petitioner relies upon the victim statement dated 08.12.2021 i.e., recorded under Section 161 of Cr.P.C., but the statement
