The submission of learned counsel for the applicant is that the prosecutrix going by the medico legal estimation of her age by the Chief Medical Officer, Gautam Buddh Nagar vide his certificate dated 12.06.2018 based on ossification test, the prosecutrix has been opined to be about 18 years. It is submitted that going by the said reckoning of age, the provisions of POCSO Act would not be attracted. The learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C. where she has said in unqualified terms that she is a major; that on 10.04.2018 she left home of her own accord without being enticed by anyone; that she and the applicant, Kuldeep are in love and wished to marry; that Kuldeep and the prosecutrix were together in the same company; that the prosecutrix's mother is averse to the said marriage; that it is on that account the prosecutrix has broken off and went along with the applicant; that the prosecutrix has married Kuldeep on 13.04.2018 at Tilhar, Shahjahanpur in a temple in accordance with Hindu rites; that she is living with her in-laws and her husband happily; that she wishes to stay with her husband, and, that lastly she does not want to prosecute the applicant who is not at all guilty of any offence.
