Claim of the applicant is that controversial date of birth has been posed by the prosecution. It so happened that the date of year of the prosecutrix is in fact 2001 and the incident took place in 2021 and she is major. Even in the medical examination, she has been assessed to be 16/17 years old and if two years margin are added, she becomes to be 19 years of age. Further, the statement of the mother of the victim asserts her age to be 17 years and 2 years margin if added would go beyond 18 years. It being so, it can be visualised that in the Aadhar Card, the year of birth mentioned is pertaining to the year 2001, whereas, the year of birth given in the school leaving certificate appended on the record pertains to 2007. That by itself speaks controversial year of birth and the easy mode is to believe the date, which exist in the Aadhar Card and which appers in the medical examination report. That being so, the victim was major and she of her own will has left her home and accompanied the applicant. No offence of kidnapping is made out against the applicant, as such. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 10.01.2021
