It is submitted by learned counsel for the applicant that regarding the alleged incident dated 18.11.2018, FIR was lodged after nine days on 27.11.2018 by the father of the victim/prosecutrix alleging that on 18.11.2018 her daughter Rukhsar Khatoon aged about 16 years was enticed away by the applicant Lekhpal. As per age certificate issued by the Chief Medical Officer, Maharajganj, age of the prosecutrix is about 18 years. It is submitted that on 28.11.2018, victim was recovered alongwith applicant. The statement of prosecutrix under Section 164 Cr.P.C. was recorded on 6.12.2018, in which, she has not made allegation of rape against the applicant. Thereafter, second statement of the prosecutrix was recorded on 18.12.2018, in which, prosecutrix has disclosed that they were having love affair with each other, therefore, she herself left her house and went to Gujarat alongwith applicant, where she stayed with the applicant for 7-8 days as husband and wife after taking the accommodation on rent. It is submitted that the prosecutrix is major and considering the facts and circumstances of the case in totality, it is a case of consenting party of the prosecutrix with the applicant. It is also submitted that prosecutrix/victim is aged about 18 years and had adequate intelligence to maturity to understand significance and morality associated with the act, she was consenting too. The applicant is languishing in jail since 28.11.2018 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
