The petitioner is the accused in F.I.R. No.0923/2019, dated 18.12.2019, under Sections 363, 366, 376 IPC and Section 3/4, POCSO Act, P.S. Handia, District - Prayagraj. The victim girl is the respondent no.5. The bail application filed by the petitioner was rejected by order dated 15.02.2020, passed by the Special Judge POCSO Act, Allahabad. A charge sheet against the petitioner has been filed by the police. As per instruction of the learned A.G.A., in the first medical test conducted in Woman Hospital, Allahabad, the victim respondent no.5 was found to be aged about 16 years. As per another copy of Medical Certificate, dated 24.12.2019, issued by the Radiologist, T.B. Sapru Hospital, Allahabad, the victim girl is aged about 19 years. As per birth certificate of the victim respondent no.5 issued by the Jeevan Jyoti Hospital, Allahabad, dated 26.02.2004, the date of birth of the victim respondent no.5 is 26.02.2004. The Child Welfare Committee vide in its order dated 24.12.2019 has also mentioned the age of the victim respondent no.5 to be 16 years and consequently she was sent to Rajkiya Mahila Sharanalaya, Prayagraj, where she is presently residing. The aforesaid order of the Child Welfare Committee is not under challenge. Custody of the victim respondent no.5 is being sought by the petitioner, who is accused of criminal offence against the victim respondent no.5.
