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DELHI HIGH COURT
SWARANA KANTA SHARMA
State (GNCTD) – Appellant
Versus
Md. Jabbar – Respondent
| Table of Content |
|---|
| 1. overview of the case facts. (Para 1 , 2 , 3) |
| 2. arguments regarding age determination. (Para 4 , 5) |
| 3. court's analysis on age determination. (Para 6 , 7 , 8) |
| 4. rejection of the revision petition. (Para 9) |
| 5. no impact on trial merits. (Para 10) |
JUDGMENT
Swarana Kanta Sharma, J.
1. The present criminal revision petition under Section 397 read with Section 401(5) of the Code of Criminal Procedure, 1973 has been filed against the impugned order dated 06.03.2018 passed by learned Additional Sessions Judge, Special Court (POCSO), North East District, Karkardooma Courts, Delhi, whereby the learned Trial Court discharged the accused for the offences punishable under Section 06 of The Protection of Children from Sexual Offences Act, 2012 ("POCSO Act") in case FIR no. 58/2017 registered at Police Station Karawal Nagar, New Delhi for offences punishable under Sections 376/506 IPC & Section 6 POCSO Act.
2. The brief facts of the present case are that the victim, a minor girl, aged about 14 years, lodged a complaint with the police alleging that for past four months, she had been residing with her grandmother and paternal uncle's son namely Sonu in a rented house. Her paren
The court upheld the principle that the margin of error in age determination affects the applicability of charges under the POCSO Act, ultimately favoring the accused due to inconclusive age evidence....
It is well settled that ossification test or other medical test though is a guiding factor for determining age but it is not conclusive or incontrovertible and leaves a margin of error of two years o....
Reliability of age determination evidence crucial in establishing POCSO Act violations.
The determination of a child's age in legal proceedings must prioritize valid educational documents over medical examinations unless substantial evidence indicates document manipulation.
The court established that the prosecution must prove the victim's age as under 18 years to apply the provisions of the POCSO Act, and failure to do so results in the reversal of conviction.
The prosecution failed to establish the victim's age under POCSO Act, rendering the conviction invalid due to insufficient evidence and procedural errors.
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