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IN THE HIGH COURT OF ALLAHABAD
AJAY BHANOT, J.
Aman @ Vansh - Applicant
Versus
State of U.P. and Others - Respondents
Criminal Misc. Bail Application No. 2322 of 2024
Decided On : 16-04-2024
Bail - POCSO Act - Sections 3, 4, 27; 164A - The court emphasized the necessity of accurate medical age determination in POCSO cases to prevent misuse of the Act and ensure justice, allowing bail based on inconsistencies in victim's age and lack of evidence for coercion.
Fact of the Case:
The applicant sought bail after being jailed for alleged offenses under IPC and POCSO Act. The victim's age was disputed, with claims of false implication and inconsistencies in age documentation.
Finding of the Court:
The court found significant contradictions in the victim's age and statements, indicating potential false implication. The absence of a timely medical examination further weakened the prosecution's case.
Issues: Whether the applicant is entitled to bail considering the discrepancies in the victim's age and the nature of the allegations under the POCSO Act.
Ratio Decidendi: The court held that the determination of the victim's age is crucial in POCSO cases, and inconsistencies in age documentation and the victim's statements warranted the granting of bail.
Result: Bail granted to the applicant with conditions.
Certainly. Based on the provided legal document, here are the key points:
Accurate medical age determination is crucial in POCSO cases to prevent misuse of the law and to ensure justice is served. It significantly influences bail decisions, especially when there are discrepancies in the victim's age documentation or statements (!) (!) .
The medical report, which estimates the victim's age, should be prepared by qualified medical professionals following the latest scientific protocols and medical parameters. This report aids the court in making a conclusive finding on the victim’s age and helps prevent false implications or abuse of the POCSO Act (!) (!) (!) .
Delay in obtaining medical age reports or failure to conduct such examinations can impede justice. The law mandates that police authorities ensure a medical report determining the victim’s age is prepared at the outset of investigation, and the report must be submitted promptly to the court (!) (!) .
The medical examination of a child victim under the POCSO Act must be conducted in accordance with the provisions of the Act and the Criminal Procedure Code, with the examination performed by a qualified medical practitioner, preferably a woman if the victim is a girl, and in the presence of a trusted person or parent if available (!) (!) (!) .
Medical reports that indicate the victim is a major can be a decisive factor in bail considerations, especially when there are contradictions or inconsistencies regarding the victim’s age in the prosecution documents and statements (!) (!) .
The court emphasizes that the process of determining the victim's age through medical examination is an essential legal requirement and a fundamental aspect of justice in cases under the POCSO Act. This process should be adhered to strictly, and the reports should be utilized to prevent wrongful prosecution based on false age claims (!) (!) .
The law also stipulates that the medical report should include detailed particulars such as the victim’s age, description of material taken for DNA profiling, marks of injury, mental condition, and reasons for each conclusion [p_44–p_48].
The authorities and medical professionals involved must ensure that the medical examination and reporting follow established protocols and scientific standards, with ongoing training and research to stay updated with the latest developments (!) .
The legal framework recognizes that false depiction of a victim's age is an abuse of the judicial process and can lead to wrongful criminalization. Proper medical age verification is vital to avoid such misuse and to uphold the integrity of the justice system (!) (!) .
The court underscores the importance of transparency, proper procedure, and timely medical examination in safeguarding the rights of victims and accused alike, ensuring that justice is fairly administered (!) (!) .
JUDGMENT :
Ajay Bhanot, J.
Matter is taken up in the revised call.
Shri Paritosh Kumar Malviya, learned AGA-I for the State contends that the police authorities in compliance of the directions issued by this Court in Criminal Misc. Bail Application No. 46998 of 2020 (Junaid v. State of U.P. and another) and with a view to implement the provisions of POCSO Act, 2012 read with POCSO Rules, 2020, have served the bail application upon the victim/legal guardian as well as upon the CWC.
2. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 419 of 2023 at Police Station-Shalimar Garden, District-Ghaziabad under Sections 363, 376 IPC and Sections 3/4 of POCSO Act. The applicant is in jail since 5.12.2023.
The bail application of the applicant was rejected by the learned trial Court on 21.12.2023.
3. The following arguments made by Shri Vikash Chandra Tiwari, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Ajay Singh Yadav, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail :
2.The age of the victim set out in the prosecution case is refuted in light of the judgement of this Court in Monish v. State of U.P. and others, 2024 (6) ADJ 361 and on the following grounds:
(i) There are material contradictions in the age of the victim as recorded in various prosecution documents.
(ii) The age of the victim was incorrectly got registered in the school records by the victim's parents to give her an advantage in life. There is no lawful basis for the age related entry of the victim in the school records. The school records disclosing her age as 16 years and 10 months are unreliable.
(iii) The victim in her statement under Section 161 Cr.P.C. has stated that she is 15 years of age respectively.
The medical to determine the age of the victim was not drawn up at the time of arrest of the applicant. The medical of the victim was subsequently drawn up on the order passed by this Court on 12.3.2024 in the instant Criminal Misc. Bail Application No. 2322 of 2024 (Aman @ Vansh v. State of U.P. and 3 others).
The medical report opines that the age of the victim is about 17 years.
Two submissions are made in regard to the aforesaid medical report. Firstly, the range of error in determining the age is about two years and the same should be read in favour of the applicant at this stage. Secondly, the relevant scientific parameters as per latest medical protocol which would establish the majority of the victim has been excluded from consideration in the medical report. The medical report is flawed. In fact the victim is a major.
3. The incident occurred on 9.11.2023 and the F.I.R. was got registered on 13.11.2023.
4. Delay of 4 days in lodgement of the F.I.R. in the facts of this case is fatal to the prosecution case.
5. The victim and the applicant were intimate.
6. The F.I.R. is the result of opposition of the victim's family to the said relationship with the applicant.
7. The victim in her statements under Section 161 Cr.P.C. and Section 164 Cr.P.C. has admitted to intimacy with the applicant. She has also asserted that she eloped with the applicant to Delhi of her own volition. The victim has lastly asserted that she got married to the applicant.
8. No allegation of commission of rape by the applicant with the victim was made in the F.I.R. or in the statements of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C.
9. The victim was never confined or bound down in any manner. The victim was present at public places. She did not raise an alarm nor did she resist the applicant. Her conduct shows that she was a consenting party.
10. Major inconsistencies in the statements of the victim under Sections 161 Cr.P.C. and Sec
Accurate medical age determination is essential in POCSO cases to prevent misuse and ensure justice, impacting bail decisions significantly.
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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....
The court emphasized that the presumption of innocence applies, and bail should be granted unless exceptional circumstances warrant denial, particularly in cases involving misrepresentation of a vict....
Point of Law : There was failure on the part of the prosecution to establish the essential foundational facts to attract the provision of POCSO Act.
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