School leaving Certificate to determine the age of the prosecutrix in view of Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 as well as the judgment of the Supreme Court in P. Yuvaprakash (supra) , even otherwise the date of birth and the date of admission mentioned in the said certificate is the same as per the medical opinion the prosecutrix is said to be aged about 16 years and giving leverage of two years, the prosecutrix is major, as per the statement of the prosecutrix under Section 161 Cr.P.C. before the doctor and under Section 164 Cr.P.C. she is a willing and consenting party, in view of above no offence as alleged can be said to have been committed by the applicant, the clean antecedents of the applicant, the period of incarceration undergone, in spite of the fact that the charge sheet has been submitted against the applicant therefore the entire evidence sought to be relied upon by the prosecution against the applicant stands crystallized, but the learned A.G.A. could not point out any such circumstance from the record necessitating the custodial arrest of applicant, the judgment of the Supreme Court in Sumit Subhash Chandra Gangwal and another Vs. State of Maharashtra and another 2023 Live Law SC 373(5), the clean antecedents of applicant inasmuch as he has no criminal history to his credit except the present one, the period of incarceration undergone, but without making any comments on the merits of the case the applicant has made out a case for bail.
