inquiry, the victim X narrated the entire incident to her mother and family members. She was treated there for two days, thereafter, the first information report was lodged. The victim X stated that her legs and hands were tied by the appellant with lace of saari. She has also stated to the doctor that threat to kill was extended. She has also stated that sexual intercourse was committed by the appellant. She has also told that the incident was taken place prior to seven days of her medical examination. Abrasion mark on outer surface of labia majora was found. Hymen was found torn, bleeding was present. On ossification test, the age of the victim X was found about 11 years and up to 16 years. The statement of victim X under Section 164 Cr.P.C. was recorded, wherein she has given details of the incident. The appellant was adjudged juvenile by Juvenile Justice Board, Prayagraj and his age was ascertained above 16 years and date was fixed for proceeding under Section 15 of Juvenile Justice Act. 5. It is submitted by learned counsel for the appellant that the date of birth of appellant is recorded as 13.4.2003 in High School Marksheet. It is further submitted that District Probation Officer, Prayagraj found nothing adverse against juvenile in the social report. It is further submitted that at the time of incident the appellant was 16 years 3 months and 28 days. It is further submitted that the Juvenile Justice Board, Prayagraj has adjudged the appellant juvenile vide order dated 13.12.2019 and found his age about 16 years. It is further submitted that in medical examination report of victim, the doctor has reserved his opinion regarding sexual intercourse after receipt of the report of Forensic Science Laboratory. It is further submitted that no spermatozoa was found in pathology report. It is further submitted that medical report of victim X not supported the version of the prosecution. It is further submitted that the appellant is in observation home since 16.8.2019. It is further submitted that the Investigating Officer after investigation has submitted charge-sheet against appellant on 10.10.2019 under Sections 376, 504, 506 I.P.C., 5/6 of POCSO Act and 3(2)(5) of SC/ST Act. It is also submitted that the appellant is a student and due to detention in observation home his entire educational career is being badly affected. It is further submitted that the appellant has no criminal history except the present case. It is further submitted that the opposite party no.2 is father
