The submission of the learned counsel for the applicant is that the FIR has been registered against the applicant, who is a brother of Mohid, on account of the fact that the prosecutrix and Mohid are into a relationship. He has pointed out that the prosecutrix going by the medico legal estimation of her age made by the Chief Medical Officer, Firozabad, on the basis of an ossification test, is about 17 years as would be evident from the Chief Medical Officer's Certificate dated 30.6.2018. He submits that the prosecutrix, going by the aforesaid reckoning of her age,making allowance for the usual variation of two years, or even one, is clearly a major and the provisions of the POCSO Act would not be attracted. It is submitted by learned counsel that in the statement under Section 161 Cr.P.C. there is no allegation of rape against the applicant though there is an allegation of forcibly causing the prosecutrix to marry Mohid; allegatios are there against Mohid and his mother. It is pointed out further that in the statement made to the doctor the prosecutrix has said that on 22nd June 2018, she went to Mumbai with Mohid reaching there on 25th June 2018, in the morning hours. She stayed at the place of Mohid's sister, and, that on 25th June, 2018, Mohid tried to sexually assault her. Here also, there is an allegation of attempt to rape against co-accused, Mohid but not against the applicant, who did not accompany the couple to Mumbai. Learned counsel has further taken the court through the statement of the prosecutrix under Section 164 Cr.P.C. where she has said that
