The submission of learned counsel for the applicant is that he is not named in the FIR which has been lodged with allegations that the prosecutrix who is a minor, and a daughter of the informant, has been abducted by one Mohit Soni @ Monu on 22.07.2018 at 9 O'clock, and since then, she is missing. It is submitted that the prosecutrix was recovered by the father privately, outside a certain Kapoor Company, about which the police were informed. It is submitted by the learned counsel for the applicant that a perusal of the medico legal report of the prosecutrix dated 30th July, 2018, issued by the Medical Officer, Women Hospital, Moradabad, shows that on the basis of an ossification test, the prosecutrix has been opined to be about 19 years. He submits, therefore, that the provisions of POCSO Act, would not at all be attracted, in the present case. Learned counsel for the applicant further submits that the prosecutrix has in her statement under Section 164 Cr.P.C. come out with a categorical case that she is friends with one Vivek, and was invited to a party there by Vivek and another Manoj, both co-accused. It is also submitted that she had gone alongwith the Vivek, Devendra Sharma and Manoj to Delhi earlier, but there nothing untoward had happened. It is said that she was awake at night, for the purpose of her studies, when she got a call from co-accused Vivek that there was a party organized at hotel 24, near Kapoor Company, to which she was invited. It is further said by the prosecutrix that when she went there she found Vivek and Manoj at Kapoor Company, who ferried her in a car to a certain hotel Paradise. There room No.
