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Synopsis

The Allahabad High Court recently granted bail to a man accused under the POCSO Act, while strongly criticising government officials for not being able to conduct a medical test to verify the girl’s age due to the absence of a radiologist in Ballia.

The bench of Justice Krishan Pahal passed the order in the case of Amarjeet Pandey, who was accused of taking a minor girl away and having a physical relationship with her. The girl’s father had filed a police complaint saying his 16-year-old daughter did not return home after leaving for college.

However, the girl later gave a statement saying she was in love with the man and had gone with him willingly to Gujarat, where they stayed at his relative’s house. She also said that she was 18 years old and left home after her parents scolded her.

Court noted that although the girl claimed to be an adult, there was no document to prove her age. The court had ordered an ossification test—a medical test done to estimate a person’s age based on bone development. But due to the lack of a radiologist in Ballia, the test could not be completed.

Despite multiple court directions, the health officials and police failed to get the test done. The girl was taken to a hospital in Mau, but the full procedure wasn’t completed. She also wasn’t presented before the Chief Medical Officer, which further delayed things. Officials later said she was staying in Kolkata or Himachal Pradesh, making it hard to locate her.

Seeing no progress in verifying her age, the court decided to rely on the girl’s statement where she said she was 18 and had gone with the accused willingly. The judge also noted that the accused had no criminal record and was cooperating with the case. He allowed the bail while setting conditions to ensure the accused would not misuse his freedom.

More importantly, the court expressed serious concern over how age verification is being mishandled in such cases. It pointed out three main problems:

1. Some people fake their age to get legal benefits.

2. Police are not properly verifying age as required under the law.

3. There is no radiologist in Ballia to carry out medical tests.

The judge said these problems are affecting justice in cases involving juveniles. He asked the state to take immediate steps, including appointing a radiologist in Ballia and training the police to follow legal procedures properly.

A copy of the order was ordered to be sent to the Principal Secretary of Medical Health and Family Welfare in Uttar Pradesh for further action.

Case Title: Amarjeet Pandey Vs. State Of Up And 3 Others