HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 17504 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for parties. 2. The instant application has been preferred for challenging entire proceeding arising out of Session Case no. 159 of 2025 (State vs. Golu Chauhan and others) arising out of Case Crime no. 0029 of 2025 wherein, applicants have been implicated in pursuance to sections 74 BNS along with section 7/8 of POCSO Act. 3. Learned counsel for the applicants sought the attention of this Court over the statement so recorded by victim herself under Section 144 Cr.P.C. wherein, she herself submitted that she is aged about 19 years and the medical report which has been appended at the time of preferring charge sheet clearly discloses and it has been determined by concerned doctor that age of the victim is 22 years. 4. Learned counsel for the applicants submitted that once, it is crystal clearly proved before learned court concerned that age of the victim is above 18 years and as such implication of the applicants under Section 7/8 of POCSO Act will vitiate entire trial wherein applicants have been implicated. However, it is also submitted by learned counsel for the applicants that till today applicants have not appeared before learned court concerned. 5. Per contra, learned AGA vehemently opposed the prayer as made in the Versus Counsel for Applicant(s) : Sugendra Kumar Yadav, Vikram Shah Sisodia Counsel for Opposite Party(s) : G.A. Golu Chauhan And 2 Others .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) application but did not disputed the documents appended along with affidavit in respect of the instant application available at page no. 100 which is medical report issued by office of the Chief Medical Officer, Deoria signed by Chief Medical Officer as well as Radiologist District Hospital, Deoria through which it is specifically opined on the basis of ossification that victim is having age of 22 years on dated 01.03.2025 and once, the FIR has been lodged on dated 31.01.2025, it is clear that on the date of the incident, victim was not minor. 6. In view of aforementioned observations, applicants will be at liberty to prefer discharge application for seeking discharge specifically under sections 7/8 of POCSO Act and the same shall be entertained by learned court concerned through counsel. 7. The instant applications stands disposed of accordingly. September 15, 2025 Shaswat NA528 No. 17504 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad