The submission of learned counsel for the applicant is that going by the medico legal estimation of age, made by the Chief Medical Officer, Ghaziabad, vide his certificate dated 31.07.2018, based on an ossification test, the prosecutrix has been opined to be aged about 17 years. It is alleged that giving the usual allowance of two years, even one, the prosecutrix would reckon to be a major. Learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C., wherein she has said that she is aged about 18 years; that she went along with Momin to Agra of her free will on 24.07.2018; that she spoke about her desire to marry Momin to her family, who did not agree; that she has not married Momin; that two of them stayed together at Agra in a room for three days; that she wants to marry the applicant through a Court marriage; that she wants to go back to him and that she is educated to the level of fifth standard. Learned counsel has further invited the attention of the Court to the statement of the prosecutrix recorded in confidence by the doctor, where she has put her thumb mark, which also, is exculpatory in unqualified terms.
