The submission of the learned counsel for the applicant is that going by the medico legal estimation of the prosecutrix's age determined by the Chief Medical Officer, Budaun, based on an ossification test, by his certificate dated 20.09.2018, the prosecutrix has been opined to be about 16 years. It is submitted that giving the usual allowance of two years in variation to the benefit of the accused, the prosecutrix would reckon to be 18 years and, therefore, a major. It is submitted that going by the prosecutrix's age, the provisions of the POCSO Act would not be attracted. 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 a short statement that she had gone along with the applicant, Rajnesh of her free will and married him also of her free will. Learned counsel for the applicant submits that the statement of the prosecutrix under Section 161 Cr.P.C. is also to the same effect and very elaborately gives reasons why the prosecutrix abandoned her home and went along with the applicant to marry him. Both
