In , especially those invoking the stringent provisions of the , one pivotal question often arises: . Was the victim truly a minor at the time of the offense? This determination isn't merely procedural—it's foundational, as it triggers a on the accused, harsher penalties, and specific legal safeguards. [
#POCSOAct #VictimAgeProof #CriminalLawIndia
Gandhi Park, District Aligarh; (ii) in accordance with Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the age determination can be established through the victim's academic records. Upon scrutiny of said records, it was established that the victim was a minor. ... The prosecution's case unfolds on 30.9.2022, when the mother of the prosecutrix scolded the 17-year-old victim. Following this, the vict....
It is further submitted that the prosecution has not proved the minority of the victim. Therefore, the conviction under the POCSO Act cannot be sustained. There is a discrepancy in the report issued by the Doctor – P.W.7 regarding the age of pregnancy and also the date of commission of offence. ... P.W.1 is the complainant and he is the brother of the victim. P.W.2 is the Doctor who examined the victim. P.W.3 is the employ....
” (iv) The oral evidence of the father and the victim that she was 13 years old may be true but in a criminal prosecution it may be difficult for this Court to hold that the Prosecution has been able to prove the minority of the victim as the standard required ... Tashi Pintso Lepcha) and the Order on Sentence of the same date, three specific points of challenge have been raised by Learned Counsel for the Appellant i.e., (i) The Prosecution....
He further stated that the victim has studied in primary institution at Akbarpur from Class-1 to 3 and he shall produce relevant evidence to prove the majority of victim. 8. The trial Court has taken up the issue of minority of the victim at the outset. ... Section 94 of the Juvenile Justice (Care and Protection of Children) Act 2015 provides for presumption and determination of age is reproduced hereinaf....
For, in our view, there is hardly any difference insofar as the issue of minority is concerned, between a child in conflict with law, and a child who is a victim of crime. ... He has further submitted with reference to the age determination of the victim that the victim’s aunt (PW-3) also deposed that the victim had passed Class-VIII examination in the year 2016. No effort was made by the prosecution to e....
The Court remarked that there was hardly any difference insofar as the issue of minority was concerned, between a child in conflict with law, and a child who is a victim of crime.” 28. ... Act) is applicable to determine the age of child in conflict with law, the aforesaid provision should be the basis for determination of age even of a child who is a victim of crime. ... To raise this issue at the appellate stage, it is i....
In numerous cases the age determined by the Medical Board contradicted the minority of the victim set up in the prosecution case. Illustrative list of POCSO Act of such cases before this Court where the Medical Board opined that the victim was a major is appended as appendix-Ii. ... This Court is finding that in many instances the accused-applicants have argued that medical determination of the victim's age was not got don....
as the issue of minority is concerned, between a child in conflict with law, and a child who is a victim of crime. ... Procedure to be followed in determination of age. ... Whereas, Section 94 of Juvenile Justice Act, 2015 provides for presumption and determination of age. ... Anoop Singh reported in 2015 7 SCC 773, it has been held by Hon’ble Supreme Court that Rule 12(3) of the Juvenile Justice (Care & Protection of Chil....
For, in our view, there is hardly any difference insofar as the issue of minority is concerned, between a child in conflict with law, and a child who is a victim of crime. ... The Court remarked that there was hardly any difference insofar as the issue of minority was concerned, between a child in conflict with law, and a child who is a victim of crime. ... It is only in the absence of any of the aforesaid, that Rule 12(3)....
For, in our view, there is hardly any difference insofar as the issue of minority is concerned, between a child in conflict with law, and a child who is a victim of crime. ... The Court remarked that there was hardly any difference insofar as the issue of minority was concerned, between a child in conflict with law, and a child who is a victim of crime. ... He further submitted that prosecution has not produced any materia....
Mr. Jorgay Namka did not question the determination of the age of the victim and her minority. In the circumstances, Mr. Jorgay Namka contended that the case was squarely covered by the aforesaid two judgments.
The allegation of sexual assault coupled with a proof of minority of the victim drags an accused to the rigours of the POCSO Act, which mandate a reverse burden of proof. Therefore, it is absolutely vital to prove the minority of the victim.
Therefore, it is absolutely vital to prove the minority of the victim. The allegation of sexual assault coupled with a proof of minority of the victim drags an accused to the rigours of the POCSO Act, which mandate a reverse burden of proof.
The “best evidence rule” must be necessarily followed while proving the contents of a birth certificate. The POCSO Act, 2012 does not diminish or dilute the Indian Evidence Act, 1872. Therefore, it is absolutely vital to prove the minority of the victim. The allegation of sexual assault coupled with the proof of minority of the victim drags an accused to the rigours of the POCSO Act, 2012 which mandates a reverse burden of proof. The common determinative factor which runs in ....
In medico-legal examination, her age was found about 17 years. In FIR, the complainant had stated the age of his daughter as 14 years. 7. First and most pertinent point relates to the alleged age of minority of the victim.
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