The submission of learned counsel for the applicant is that going by the medico legal estimation of the prosecutrix's age, evidenced by the certificate of the Medical Officer, District Women Hospital, Ghazipur dated 24.10.2018, the age of the prosecutrix is above 16 years and below 18 years. It is submitted that giving the usual allowance of two years or even one, the prosecutrix, by the said medico legal estimation would reckon to be a major. It is further submitted that the provisions of the POCSO Act would not be attracted. It is argued by the learned counsel for the applicant that the applicant and the prosecutrix are related and it is a case of consent arising out of the relationship between parties. It is submitted that the prosecutrix has spoken inculpatory in her statement under Section 164 Cr.P.C., and that made to the doctor during her medical examination but in her statement to the police under Section 161 Cr.P.C., she has acknowledged the fact that the two have been into a relationship and that further on 4.10.2018, after everyone in the family went to sleep, she eloped with the applicant leaving home of herself, riding on his motorcycle. It is
