Rajesh Dayal Khare, J. - (1.) HEARD Learned Counsel for the applicant and learned A.G.A. for the State -respondent. The present application has been filed for quashing of the proceedings of Criminal Case No. 596 of 2005 arising out of Case Crime No. 68 of 2005, under Sections 363, 366, 368, 376, 120 -B IPC, PS Nawabganj, district Allahabad pending before the Judicial Magistrate -I, Allahabad.
(2.) LEARNED counsel for the applicant contends that as per the medical report of the victim, copy of which has been filed as annexure -4, the age of the victim was found to be nineteen years. Learned counsel for the applicant has drawn the attention of this Court to annexure -5, which is the statement of victim recorded under Section 164 Cr.P.C., shows that there is no allegation of any offence committed under Section 376 IPC against the applicant.
(3.) IT is, thus, contended by the Learned Counsel for the applicant that criminal prosecution of the applicant is bad in law.;