The submission of learned counsel for the applicant is that going by the medico legal certificate dated 28.07.2017 issued by the Chief Medical Officer, Azamgarh relating to the prosecutrix's age based on an ossification test, she has been opined to be "above about eighteen years (18 Yrs)". Learned counsel for the applicant submits that going by the aforesaid medico legal estimation of the prosecutrix's age, she is clearly a major, and, therefore, the provisions of POCSO Act would not be attracted. Learned counsel for the applicant has drawn the attention of the Court to the first information report lodged by the father of the prosecutrix dated 23.08.2017, which is an information lodged after communication of all facts by the prosecutrix to her father, which shows the allegation to be one of molestation, or as asserted there, an attempt to rape, but without there being any case of rape accomplished. The prosecutrix, in her statement under Section 161 Cr.P.C., has improved that case to say that the applicant has ravished her under the threat of doing her to death which has been maintained in her statement under Section 164 Cr.P.C., carrying a more graphic account. The submission of learned counsel for the applicant is that the case of rape that is not there at all in an informed FIR lodged by the father of the prosecutrix, after speaking to her, has been brought in by way of an improvement through statements under Section 161 & 164 Cr.P.C. which makes the prosecution unreliable and undependable. He submits that the medico legal report also shows no injury, external or
