Neutral Citation No. - 2025:AHC:125276 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 23554 of 2025 Applicant :- Abhishek Vishwakarma And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Upendra Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Sandeep Jain,J. Case taken up in the revised list. No one appears for the opposite party no.2. The present application has been filed praying for quashing the entire proceedings of impugned order dated 03.04.2025 passed by the Special Judge (POCSO) Act, Azamgarh by which framed the charge against the applicants in Special Sessions Trial No. 85 of 2025 under Section 70(2), 123 B.N.S. and 5G/6 POCSO Act in between (State Vs Abhishek Vishwakarma & Another) arising out of Case Crime No. 521 2024 Police Station Saraimeer, District Azamgarh, pending in the court of Special Judge (POCSO Act), Azamgarh. Learned counsel for the applicants has submitted that impugned order of the trial court framing charge against the applicants under Section 5G/6 POCSO Act is illegal because the victim was major on the date of the alleged incident, as such, charge for this offence could not have been framed by the trial court. In support of the above submission, he has drawn my attention to the statement of victim recorded under Section 183 B.N.S.S. Learned AGA has opposed the application on the ground that during trial, the age of the victim will be determined in accordance with law, as such, the application is premature and be dismissed. Having heard the learned counsel for the parties, I am of the opinion that the victim has categorically mentioned in her statement under Section 183 B.N.S.S. that both the accused- applicants were present at the time of rape and one accused had caught hold of her and shut her mouth and the other accused had committed rape upon her. It is also true that the victim has mentioned her age to be about 18 years at the time of recording her statement under Section 183 B.N.S.S., but the correct age of the victim will be determined during trial by the trial court, as such, at this stage, it could not be presumed that the victim was major at the time of the alleged incident. In view of the above facts, the trial court has not committed any illegality in framing charge under Section 5G/6 POCSO Act against the accused-applicants. Accordingly, this application under Section 528 BNSS is rejected. Order Date :- 29.7.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad