The submission of learned counsel for the applicant is that according to the medico legal estimation of the prosecutrix's age indicated in the report of the Chief Medical Officer, Ghaziabad dated 09.05.2018, she is aged about 16 years. The aforesaid estimation of age is based on an ossification test and also on dental status. The submission of learned counsel for the applicant is that giving the allowance for the usual variation in age, the prosecutrix would reckon to be major, and, therefore, the provisions of POCSO Act would not apply. Learned counsel for the applicant has drawn the attention of the Court to the statement of the prosecutrix under Sections 161 and 164 Cr.P.C., where she has spoken exculpatory in favour of the applicant. In the statement under Section 164 Cr.P.C., she has clearly said that the applicant is her boy friend and she went along with him. She did not go out on an excursion with him; rather it is said that she is living with the applicant for the past one month and a half and she wants to marry the applicant. Since her parents refused, she went away of her own free will to the applicant's home. Learned counsel for the applicant further submits that a perusal of the medico legal report shows that there is no such external or internal injury, that is compatible with a case of rape.
