The submission of learned counsel for the applicant is that going by the medico legal estimation of the prosecutrix's age, she has been opined by the doctor vide his certificate dated 21.09.2017 based on an ossification test to be aged above 18 years. Learned counsel for the applicant submits that in view of the said medico legal estimation of the prosecutrix's age, she is clearly a major. It is urged that the provisions of POCSO Act would not at all be attracted. Learned counsel for the applicant has invited the attention of the Court to the statement under Section 164 Cr.P.C. where it is alleged that after administering some stupefying medicine by chance, when the prosecutrix had gone over to the home of the applicant's sister-in-law ( Bhabhi ), the applicant came over to the prosecutrix's place in the wee hours at 03:00, and, forcibly took her a place called Ranveer Chatti. She was conveyed from there in a Tempo to Mau; from Mau by bus to Gorakhpur; from Gorakhpur at 12:00 in the midnight on 24.08.2017 to Lucknow by train; and, from Lucknow, finally also by train at 09:00 p.m., to Haridwar. It is alleged that in both train journeys, the applicant took the prosecutrix to the bathroom and ravished her. He left her on the train and went away. It is stated that the next following morning, the prosecutrix alighted at Haridwar when the train halted there, where on the platform, she met one Bhagwan Sharma who adopted her, and helped her reach back the safety of her home. The submission of learned counsel for the applicant is that the case urged by the prosecutrix is not only unnatural but sounds almost fantastic; in any case, in the submission of learned counsel, it is incredible. He argues that the prosecutrix went around a number of places passing through populated areas, both travelling by bus and train, but there is
