The submission of learned counsel for the applicant is that going by the medico legal estimation of the prosecutrix's age certified by the Chief Medical Officer, Baghpat, vide his certificate dated 10.7.2018, based on an ossification test, the prosecutrix is opined to be aged 18 years. Learned counsel for the applicant submits that the prosecutrix is clearly a major, and, therefore, the provisions of POCSO Act would not be attracted. Learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix recorded under Section 164 Cr.P.C where it is alleged in one breath that the prosecutrix went out on a phone call from the applicant where she was taken away on gun point, along with the co-accused, confined to a room and ravished by the coaccused, Nikhil, but not the applicant, and, in the next breath it is said that the prosecutorix travelled with the applicant to Shahdra (Delhi) where she stayed with him in a room and then in a hotel for two days; that it is also stated by the prosecutrix that she went along with the applicant to Allahabad travelling by a train and at Allahabad, she stayed for four days in a rented a room with the applicant; that again it is said that the applicant had sex with her against her wish. In the next assertion of her statement, she has stated that the applicant wanted to marry her but learned counsel told her that she was not a major, and, therefore, could not marry; that at the end of this statement, it is stated that the applicant and the prosecutrix were in love, and would have sex by consent. Learned counsel has pointed out that looking to the shifting stand of the prosecutrix she was
