Ram Surat Ram (Maurya), J. - (1.) Heard Sri Naushad Ahmad and Sri Mohd. Monis counsel for the applicant , Sri H. N. Shukla along with Sri R. R. Shukla for the complainant and A.G.A. for State of UP. Counsel for the applicant submits that the applicant Rashid @ Tillu is in jail since 20.1.2017 in Case Crime No. 0103 of 2017, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Kotwali Nagar, Distt. Muzaffarnagar.
(2.) The FIR of the incident was lodged on 13.1.2017 at 17:40 hours. According to the FIR, the applicant along with other coaccused has enticed the daughter of the complainant and have taken her in the night of 12/13.1.2017. The victim was recovered on 13.1.2017. Her statement under Section 161 Cr P C was recovered on 14.1.2017 as well as her statement under Section 164 Cr P C was recorded on 18.1.2017. In both her statements, she had stated that she is in love relation with the applicant and voluntarily went with the applicant. In the medical examination report of the victim, her age has been found about 20 years. The counsel for the applicant submits that victim was consenting party and she was major at the time of incident as such the applicant had not committed any offence.
(3.) On the other hand counsel for the first informant has produced a copy of educational certificate issued from Ekra Public School, before this Court in which her date of birth has been shown as 3.7.2002. According to that educational certificate, she was only 15 years and 06 months old at the time of incident. He further submits that victim was minor at the time of occurrence as such she was not consenting party on the eye of law. Thus the applicant is liable to be convicted in this case.;