Allahabad HC Issues Guidelines To Determine Victim's Age In POCSO Cases

Allahabad High Court Justice, Ajay Bhanot has granted bail to a Ghaziabad-based man, who was jailed under POCSO case since December 5, 2023 on the ground that there were many contradictions in the victim's age-related documents that were submitted by the prosecution.

Prayagraj (Allahabad):Allahabad High Court on Wednesday issued comprehensive guidelines relating to the inconsistency in determining the victim's age in cases registered under the Protection of Children from Sexual Offenses (POCSO) Act.

For cases registered under the act, the concerned police officer or investigator has to ensure that a medical report is prepared to determine the victim's age and submit it before court without any delay, the court stated.

The court also urged the Director General of Health to ensure that the doctors conducting the medical examination are well-trained and follow scientific standards and medical protocols while determining the age.

The order was issued by Justice Ajay Bhanot while granting bail to Aman, a resident of Ghaziabad, who was lodged in jail in connection with a POCSO case since December 5, 2023.

During the hearing on the bail petition, the court said that it is being observed that in many medical reports, there is a contradiction in the age stated by the prosecution.

In the instance of petitioner Aman, a case was registered against him under sections of rape and the POCSO Act at Shalimar Garden police station in Ghaziabad. It was alleged in the FIR that the victim was wrongly described as a minor of 16 years so as to implicate the petitioner under the POCSO Act.

The petitioner's lawyer argued that in reality the victim went with the petitioner on her own free will. She did not make any allegation of rape in the statement submitted before the police and magistrate, it was mentioned.

The court took note of several contradictions in age-related documents that were submitted by the prosecution and approved Aman's bail.

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