The submission of the learned counsel for the applicant is that going by the medico legal opinion about the age of the prosecutrix, appearing in the report of the Chief Medical Officer, Banda and the other doctors of the Medical Board, she is aged about 17 years. It is submitted that giving the usual allowance of two years or even one, the prosecutrix would reckon to be a major. Learned counsel for the applicant has taken the Court through the statement of the prosecutrix recorded under Section 164 Cr.P.C. dated 07.06.2018, which shows that though, there is an allegation that Santram, Kamtoo and Ajay had taken away the prosecutrix, where Kamtoo had pointed a pistol at her father whereas Santram carried her off and later dropped her at Rajapur, but Ajay (the applicant) took her home wherefrom she was recovered by the police. It is specifically said in the statement under Section 164 Cr.P.C. that Ajay did not do anything and more specifically that Ajay (the applicant) did not ravish her. In the statement under Section 161 Cr.P.C. recorded by the police the entire version under Section 164 Cr.P.C. has been differently represented where she said that she eloped with Ajay of her free will, went to Mumbai, married in a temple, and, the two lived with each other as man and wife. It is said that nobody abetted the two in eloping, and, that the prosecutrix went away with Ajay of her free will.
