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Further it is submitted that Mohan Singh Rathore (P.W.2) has specifically stated in his evidence, that the names of the miscreants were not known to him and he was told about their names by Surendra Dubey after his arrest and in view of the above mentioned stand taken by the complainant, the over implication/false implication of the appellants is writ large.

It is further submitted that even otherwise, if the complainant Mohan Singh Rathore (P.W.2) was missing for 27 days, then his relatives should have lodged the missing person report, but no such report was ever lodged, which clearly indicates that the entire prosecution story is false and the stand of the prosecution that the missing person report was mentioned in the Rojnamchasanha is nothing but an interpolation of official record created with a solitary intention to fill the lacuna.