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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Judicial Direction on Medical Examination for Age Determination - Justice Vivek Agarwal emphasized that police should not conduct medical examinations of victims solely to determine age in POSCO-related cases, advocating for adherence to legal procedures and scientific methods instead of invasive examinations INDHC_UPHC011460602020_UPHC011460602020.
Legal and Procedural Framework - The Court highlighted that the procedure under Section 94 of the Juvenile Justice Act (JJ Act) and relevant Supreme Court guidelines should be followed for age assessment, such as ossification tests and other scientific methods, rather than direct medical examinations by police or unqualified personnel Gopal Kerketta S/o Brijlal Kerketta VS State of Chhattisgarh Through Police Station Ramanujnagar, District Surajpur (C. G. ) - Chhattisgarh, Md. Noor Hussain @ Kareng @ Nur Hussain, S/o Late Mohar Ali VS State of Assam - Gauhati.
Concerns over Medical Examination Practices - Several sources note that medical reports lacking scientific reasoning or based on self-declared age are insufficient and can hinder justice. The Court stressed that medical examinations must be conducted by qualified, preferably woman doctors for female victims, and should be based on scientific parameters, not just subjective assessments Aman @ Vansh VS State of U. P. - Allahabad, State of Madhya Pradesh v. Satyendra Raj Pachlaniya - Madhya Pradesh, Mukesh vs The State Of Madhya Pradesh - Madhya Pradesh.
Inconsistencies and Risks of Medical Examination - Medical reports that do not adhere to established medical protocols or lack proper scientific backing are considered unreliable. Such reports should not be the sole basis for legal decisions regarding the victim’s age, and courts should avoid invasive procedures unless scientifically justified State of Madhya Pradesh v. Satyendra Raj Pachlaniya - Madhya Pradesh, Aka Kalung S/o Shri Kalung Ganku VS State Of AP - Gauhati.
Main Points and Insights:
Non-compliance or reliance on unscientific reports can impede justice and violate constitutional rights Aman @ Vansh VS State of U. P. - Allahabad.
Analysis and Conclusion: Justice Vivek Agarwal’s direction underscores the importance of scientifically valid, non-invasive age determination methods in POSCO cases to uphold the rights of victims and ensure fair justice. The Court advocates for adherence to procedural safeguards under the Juvenile Justice Act and the POCSO Act, discouraging police or medical personnel from conducting invasive examinations solely for age proof. This approach aims to prevent misuse, protect victims’ dignity, and promote evidence-based judicial decisions.
In the sensitive realm of child protection under the , are paramount. A pivotal case brought clarity to how victim age should be determined during investigations. Specifically, the legal question arises: Case in which Justice Vivek Agarwal Issued Direction that in Posco Matter should Not Get of Victim for Determining the Age.
This ruling underscores a critical shift, prioritizing over routine -led medical interventions. It protects victims from unnecessary invasive procedures while ensuring aligns with legal standards. This blog delves into the judgment's implications, key directives, and broader context, drawing from judicial documents and related sources.
The core holding from the case is unequivocal: in POCSO cases, authorities should not obtain medical examinations of the victim solely for . Justice Vivek Agarwal emphasized adherence to and judicial directions, prohibiting arbitrary exams by during investigations.
This directive aims to prevent misuse of medical procedures as investigative shortcuts. Instead, courts stress that age verification must follow established guidelines, ensuring reports are scientifically reasoned, based on established medical protocols, and produced before the court, not conducted solely for investigative convenience. Aman @ Vansh VS State of U. P. - 2024 0 Supreme(All) 1175
In the referenced matter, Justice Vivek Agarwal issued clear instructions: should refrain from conducting medical examinations of the victim solely for . Such exams must occur only under strict , with proper medical reasoning, and not as routine steps. Notably, the shall be conducted in the presence of a woman nominated by the head of the medical institution and that medical reports to determine the age of victims be drawn up by competent professionals from eminent institutions in accordance with the latest scientific parameters and medical protocols. Aman @ Vansh VS State of U. P. - 2024 0 Supreme(All) 1175
This aligns with prior precedents like the judgment in Aman supra, which warns that violations of read with , or non-compliance with court directions, will be viewed seriously.
Age assessment in POCSO cases typically involves a holistic approach, not reliant solely on medical exams. Courts favor first, supplemented by scientific methods under . Routine requests for exams to classify victims as minors or majors—potentially to implicate or exonerate accused—are discouraged.
Related sources reinforce this. For instance, in proceedings dated , time was granted for instructions on victim age via certificates, with Hon'ble Vivek Agarwal, J., presiding. ANUBHAV GAUTAM @ SHUBHAM GAUTAM Vs State - Another case notes findings based on medical reports but under judicial scrutiny. AARIF (MINOR) vs State of U.P. AND ANOTHER -
Medical boards for must include orthopedic surgeons, as lapses—like excluding them—undermine reliability. One deposition highlighted: no orthopedic surgeon was included in the meant for determining the age of victim.
Unscientific reports are inadmissible: ascertainment of age of victim by could not be taken into consideration more particularly, considering the principle decided by the Hon'ble Apex Court in
The framework prioritizes non-invasive methods: school records, birth certificates, followed by radiological tests if needed. The Court highlighted that the procedure under Section 94 of the Juvenile Justice Act (JJ Act) and relevant Supreme Court guidelines should be followed for age assessment, such as and other scientific methods. , Md. Noor Hussain @ Kareng @ Nur Hussain, S/o Late Mohar Ali VS State of Assam -
compliance is mandated, as in directions from Junaid Vs State of Uttar Pradesh (), implementing POCSO provisions. If the victim is a girl child, the shall be conducted by a woman doctor. Dharmendra VS State Of U. p. - 2024 Supreme(All) 1661 - 2024 0 Supreme(All) 1661
Courts scrutinize and investigations, noting inadequacies like superficial inquiries without . ,
Arbitrary exams risk violating victims' dignity and . Exceptions are narrow: only court-ordered, protocol-compliant procedures. Non-adherence can derail cases, as unscientific reports impede justice. Aman @ Vansh VS State of U. P. - 2024 0 Supreme(All) 1175
In one writ petition, directions were sought for POCSO registration, stressing investigating officers cannot condone delays in age proof.
To align with these directives:- : Avoid initiating age-determination medical exams; rely on documents and court orders.- Medical Professionals: Provide reasoned reports from competent boards, using latest parameters.- Courts: Reject unreasoned reports; enforce protocols.- Training: Implement guidelines for all involved, emphasizing .
These steps, per Justice Vivek Agarwal's ruling, foster . , Aman @ Vansh VS State of U. P. - 2024 0 Supreme(All) 1175
Justice Vivek Agarwal's judgment marks a protective milestone in POCSO jurisprudence, curbing overreach in victim age verification. By mandating scientific rigor and procedural compliance, it safeguards child rights while streamlining investigations.
Key Takeaways:- prohibited from routine medical exams for age in POCSO cases. - Prioritize documents, then scientific tests under JJ Act. Aman @ Vansh VS State of U. P. - 2024 0 Supreme(All) 1175- Ensure exams by qualified experts, with reasoning and safeguards.- Non-compliance invites serious judicial review.
This post provides general insights based on public legal documents and is not legal advice. Consult a qualified attorney for case-specific guidance.
#POSCOJudgment, #VictimRights, #LegalUpdateIndia
For the above reason, the procedure prescribed for determining the age of the victim (child) under the provisions mentioned in Section 94 of the Juvenile Justice Act will be considered. 19. ... Rajshree Singh (PW-5) has stated that on 03.09.2021, when the victim brought before her for examination, after external examination she did not#HL_END....
He was sent for medical examination. After medical examination, seizure memo Exhibit P / 28 was prepared. Similarly, accused Luckky alias Vivek Badodiya was subjected to medical examination. ... On 9.9.2017, the prosecutrix / victim presented a letter to the police station for her medical examination#HL_END....
Despite the statutory mandate the medical report to determine the victim's age is not drawn up and made part of investigations in a majority of cases. Absence of medical report determining the age of a victim came in the way of the Court dispensing equal justice. ... Medical Report determining the age#HL_E....
of medical officer under the Doctor to conduct the medical examination only for the determination of the age of the victim. ... , in POSCO Case No. 05(LDV)/2021, corresponding to Roing P.S Case No. 22/2021, requires no interference of this Court and accordingly, the same stands affirmed. ... The fact remains same tha....
On 27.1.2021 time was granted to learned AGA to seek instructions in the matter regarding age of the victim as mentioned in the High School certificate. ... Again case was adjourned as supplementary affidavit could not be traced by the Registry. ... Hon'ble Vivek Agarwal,J. 1. None for the applicant though VC link has been successfully ....
At this stage Sri Shabbir submits that a direction be issued to the learned Juvenile Justice Board, Basti to conclude the trial at ... Finding recorded by the learned first appellate court adverting to the medical examination report of the victim as Hon'ble Vivek Agarwal,J. ... Sri Janardan Prakash, AGA in his turn submits that as per #HL....
As such, the writ petition deserves to be allowed and direction may be issued to the respondent authorities to register the case under the POSCO Act against respondent No.5. ... He also submits that it is not for the Investigating Officer to relax or condone the relaxation of 06 days in determining the majority of the victim child. ... He further submits that the petiti....
(2) In case the victim is a girl child, the medical examination shall be conducted by a woman doctor. ... 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 Junaid Vs State of Uttar Pradesh and another, 2021 (6) ADJ 511 and with a view to implement the provisions of POCSO....
Archana Sharan (PW-6) had examined the prosecutrix on 01.03.2021. She stated that the prosecutrix was brought to her for medical examination by the police. ... IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON’BLE SHRI JUSTICE VIVEK AGARWAL & HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY ON THE 19th ... The Supreme Court in the case#HL_END....
As indicated in sub section (1) of Section 34 of the POSCO Act, the age of the victim could be determined by following the procedure contemplated in Section 94 of JJ Act, 2015. 19. In the case of Jarnail Singh vs. ... Uddin submits that the medical evidence also not supporting the version of the victim boy. Under the aforesaid facts and circumstances, Mr. ... Besides, t....
17. The medical reports determining the age of the victim which are bereft of reasoning or made in breach of the existing scientific parameters and medical protocols are inconsistent with Section 27 of the POCSO Act read with Section 164A (2)(3) of the Cr.P.C. In the instant case the age column has been simply filled, and the reasons for the conclusion regarding age is absent. The report is invalid. 19. This Court handed down the directions to the police authorities in Aman @....
He also deposed that on the date of Radiological examination/X-ray, victim was accompanied by her guardian and he handed back film/X-ray copy to them after recording his findings. During cross examination, he deposed that no orthopedic surgeon was included in the Medical Board meant for determining the age of victim. He also deposed that he had returned OPD card to the guardian of the victim after verifying her name and other details.
That being so, ascertainment of age of victim by medical examination could not be taken into consideration more particularly, considering the principle decided by the Hon'ble Apex Court in Jarnail Singh vs.
It is noted by the Trial Court that the Probation Officer has not conducted detail inquiry about the victim by visiting her native place, and it appears from his report that he has conducted inquiry merely by putting questions to the victim. The learned Magistrate after going through the material on record, the report of the Probation Officer and the Say of the Investigating Officer, observed that there is prima facie involvement of victim. The Trial Court observed that there is no latest addr....
The learned Magistrate after going through the material on record, the report of the Probation Officer and the Say of the Investigating Officer, observed that there is prima facie involvement of victim. It is noted by the Trial Court that the Probation Officer has not conducted detail inquiry about the victim by visiting her native place and it appears from his report that he has conducted inquiry merely by putting questions to the victim. It is also required to be noted that in orde....
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