The submission of the learned counsel for the applicant is that the prosecutrix going by the medico legal estimation of her age, certified by the Chief Medical Officer, Mainpuri through his certificate/report dated 02.03.2016, based on an ossification test is about 18 years. A copy of the said certificate has been produced in Court by the learned counsel for the applicant which is part of the case diary. It is being retained in record. It is submitted that going by the aforesaid medically estimated age of the prosecutrix, she is clearly a major. It is urged that looking to her age, the provisions of the POCSO Act would not be attracted. Learned counsel for the applicant has submitted that though in the statement under Section 161 Cr.P.C. and that recorded under Section 164 Cr.P.C., made by the prosecutrix, there is consistent allegation of rape which are in accord with the FIR, that mentions about the prosecutrix being taken away from home on some pretext and not returning, the statement of the prosecutrix made in confidence to the doctor during her medico legal examination on 28.02.2016 has an exculpatory story to tell. A perusal of the said statement made by the prosecutrix to the doctor shows that the victim went alongwith the applicant from Bhogaon market to Delhi by Bus. It is said that at Delhi they stayed in a rented room for four days. Subsequently, when the applicant heard about a report to the police, he brought the prosecutrix back to Bhogaon, where the police trapped her and she was sent for her medical examination. The said
