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4. In her statement under Section 164 Cr.P.C. recorded by Metropolitan Magistrate on 27.07.2015, the prosecutrix reiterated the background facts elaborating further on some aspects, stating on oath, inter alia, that she had been raped by the petitioner multiple times, he having used fire arm or knife to intimidate her also making an attempt to throw acid at her sister. She further stated that the petitioner had arranged some medicinal tablets to induce abortion but since the same did not bear the result, he had arranged abortion to be carried out at the nursing home by making a call pretending to be her husband. While the medical doctor who runs the nursing home, on being examined during investigation, has confirmed that there was a request made for aborting the pregnancy, a call having been received by her on phone from a person who had introduced himself as the husband, she has denied having met any person by such description as that of the petitioner.

12. It does appear that in the first head of charge on the allegations concerning the offence under Section 376 IPC, no specific dates have been indicated. But it has to be remembered that the version of the prosecutrix is that she had been raped multiple times over the period which, given the plea of the petitioner himself, might run into more than two years, may be for almost five years. If the prosecutrix has not remembered the specific dates on which she was raped, the charge cannot mention the specific dates. It will be for the petitioner to bring out necessary facts, if possible, during the cross-examination. There is, thus, no error or defect or deficiency in the charge which has been framed for the said offence on 23.05.2016.