The submission of learned counsel for the applicant is that going by the medico legal estimation of prosecutrix's age, she has been opined to be aged about 19 years by the Medical Officer through his certificate which finds place at page no. 63 of the paper book. The submission is that the prosecutrix is, therefore, clearly a major, and, the provisions of POCSO Act would not be attracted. Learned counsel for the applicant has, in addition, invited the attention of the Court to the testimony of the prosecutrix during proceedings of Sessions Trial No. 123 of 2017 "State vs. Anish Gupta" recorded on 22.05.2018, where she has said that the applicant never outraged her modesty, or ravished her or lock her up in a room. She further submitted that the statement made by her before the Magistrate was on the bidding of her family and the police. She was declared hostile and has been cross-examined where she has stood by the exculpatory stand that she has taken. She has spoken wholesomely exculpatory, saying that no rape was ever committed by the applicant. The submission of learned counsel for the applicant is that on
