K.S.Rakhra, J. - (1.) Counter-affidavit be taken on record.
(2.) Heard learned Counsel for the applicant, learned A.G.A and perused record.
(3.) It has been argued that nobody had seen the occurrence and that the crime could be detected in the morning on 14.8.2004 but the F.I.R. was lodged on 14.8.2004 at 20 : 28 hrs. Two witnesses Ram Prasad and Pramod claimed that they had seen the victim being taken away by the applicant and his companions in the night at about 1 o' clock through the fields. It has been argued that these witnesses should not be relied as they are chance witness and claiming that in the night at 1 o'clock, when they were going to fields, they saw the accused persons with victim.;