JUDGMENT :

Heard.

2. The applicant is seeking bail in connection with Crime 37/2021, registered with Police Station, Dhantoli, Nagpur, for offences punishable under sections 376, 323 of Indian Penal Code (“IPC”) and section 4 of Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”).

3. The victim lodged report dated 5-2-2021 alleging that she was subjected to forcible sexual intercourse by the applicant. She further alleged that she was forcibly dragged to the bushes near the railway track, she raised hue and cry and was silenced by the applicant, who gagged her mouth. She further alleged that when she resisted, she was slapped. The incident allegedly occurred between 12.00 noon and 12.45 p.m. on 5-2-2021.

4. The learned counsel for the applicant Mr. A. K. Bhangde has twin submissions to canvas. The first submission is that while the victim claims to be 17 years old, there is no authentic documentary material collected by the Investigating Officer to substantiate that the victim is a minor. The radiological test opines that the age of the victim is between 18 to 20 years. Extension of the submission is that the provisions of the POCSO Act are not attracted. The other subm