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Synopsis

The Allahabad High Court recently noted a concerning trend wherein discrepancies arise between the age of the victim as stated in the prosecution's case and the age determined by expert medical boards following current medical protocols.

At times there are multiple contradictions in age-related documents available with the prosecution. Numerous cases of false implication and abuse of POCSO Act have also been noticed, said the bench of Justice Ajay Bhanot. 

Court pointed out that in many cases, the runaway couples of a young age are criminalized in the process because of the lack of age proof of the victim. 

Court stressed that the false depiction of a victim as a minor in POCSO Act cases is an abuse of the process of court.

Moreover, court highlighted a list containing cases where the age of the victim determined by the medical board contradicted the minority of the victim set up in the prosecution case. The list also contained cases where medical determination of the victim’s age was not done deliberately as it could establish the majority of the victim and repudiate the prosecution case.

Court said that in such cases, by falsely depicting the victim as a minor, the accused persons were wrongly implicated under the stringent regime of the POCSO Act only to cause their indefinite imprisonment.

It further referred to a third category of cases, where despite the statutory mandate, the medical report to determine the victim’s age was not drawn up and made part of investigations.

Court said that in these cases, since the absence of medical report determining the age of a victim came in the way of the court dispensing equal justice, the high court developed a practice to call for such reports.

Court asserted that a medical report determining the age of a POCSO Act offence is an imperative requirement of law and an absolute necessity of justice.

Therefore, to tackle the issue, court issued the following directions:

1. Police/investigators shall ensure that in every POCSO Act offence a medical report determining the victim’s age is drawn up at the outset, as per Section 164A of the Criminal Procedure Code and Section 27 of the Protection of Children from Sexual Offences Act, 2012. However, the report can be waived if it's deemed detrimental to the victim's health based on medical advice.

2. The age determination medical report for the victim must adhere to legal procedures and current scientific and medical protocols.

3. The age determination medical report for the victim must be promptly submitted to the Court under Section 164-A of the Code of Criminal Procedure.

4. The Director General (Health), Government of Uttar Pradesh, Lucknow, must ensure trained doctors on the Medical Board follow established protocols and scientific standards for age determination. Regular research should update reports with the latest scientific advancements.

Court directed the Government Advocate to communicate this order to the Director General of Police, Lucknow, Uttar Pradesh for compliance and Director General (Health), Government of Uttar Pradesh, Lucknow.

The order was passed in a bail application in a rape case where court observed the prosecution's failure to effectively counter the defense's claim that the victim was falsely portrayed as a 16-year-old minor in the FIR to wrongly implicate the applicant under POCSO Act provisions.

Court also noted that no medical examination to determine the victim's age was conducted at the time of the applicant's arrest. When the examination was eventually carried out, it revealed the victim's age to be around 17 years. Additionally, the court highlighted that the victim had refused to undergo the medical examination.

Considering these inconsistencies and the applicant's lack of flight risk, court granted the applicant bail.

Case Title: Aman @ Vansh v. State Of Up And 3 Others