The submission of the learned counsel for the applicant is that going by the certificate dated 22.06.2018 issued by the Chief Medical Officer, Aligarh along with his Board of Doctors, the age of the prosecutrix is about 18 years. The said estimation of age is based on an ossification test. The submission of the learned counsel for the applicant is that the prosecutrix is, therefore, clearly a major to whom the provisions of the POCSO Act would not apply. It is argued that the applicant is not named in the FIR where the allegation is against co-accused Bhure Singh and Yogendra Singh, and that too, of outraging the prosecutrix's modesty but not rape. He further submits that in the statements made to the doctor during the medico legal examination, again the allegation of sexual assault is directed against the accused nominated in the FIR but not the applicant. It is urged that in the statement under Section 164 Cr.P.C. recorded by the Magistrate on 02.07.2018, the prosecutrix has introduced the name of the applicant for the first time alongwith the other two co-accused, accusing him also of ravishing her alongside the two others. The submission of the learned counsel for the applicant is that the case of the prosecution, so far as the applicant is concerned, is based on an afterthought and an improvement, where his name had never figured in any earlier account of the prosecution, except the statement under Section 164 Cr.P.C. He has emphasized that his name has not
