In a significant ruling aimed at ensuring justice and fairness in cases under the Protection of Children from Sexual Offences (POCSO) Act, the Allahabad High Court has directed police authorities and investigation officers to ensure the immediate medical examination of victims to determine their age.

Justice Ajay Bhanot underscored the importance of promptly establishing the age of victims in POCSO cases under Section 164A of the Criminal Procedure Code (CrPC) read with Section 27 of the POCSO Act, 2012. This step is crucial to prevent discrepancies that could adversely affect the rights and liberties of the Accused.

"This Court is finding that in many instances the accused-applicants have argued that medical determination of the victim's age was not got done deliberately as it would establish the majority of the victim and repudiate the prosecution case. By falsely depicting the victim as a minor the accused persons are wrongly implicated under the stringent regime of the POCSO Act only to cause their indefinite imprisonment," the Court observed.

The Court emphasized that the absence of a medical report determining the victim's age can lead to false implications and the unjust imprisonment of accused individuals. It noted instances where Accused persons were deliberately implicated under the stringent provisions of the POCSO Act by falsely portraying victims as minors.

It noted, "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 a medical report determining the age of a victim came in the way of the Court dispensing equal justice."

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

Consequently, the Court issued a slew of directions:

1. The police authorities/investigation officers shall ensure that in every POCSO Act offense, a medical report determining the victim’s age shall be drawn up at the outset under Section 164A of the Criminal Procedure Code, read with Section 27 of the Protection of Children from Sexual Offences Act, 2012. The report may be dispensed with if medical opinion advises against it in the interests of the victim’s health.

2. The medical report determining the age of the victim shall be created as per established procedure of law and in adherence to latest scientific parameters and medical protocol.

3. The medical report determining the age of the victim shall be submitted under Section 164-A of the Code of Criminal Procedure to the Court without delay.

4. The Director General (Health), Government of Uttar Pradesh, Lucknow shall also ensure that the doctors who comprise the Medical Board are duly trained and follow the established medical protocol and scientific parameters for determining the age of the victims in such cases. Constant research shall be done in this field to keep the reports in line with the latest scientific developments.

"A copy of this order be communicated by the learned Government Advocate to the Director General of Police, Lucknow, Uttar Pradesh for compliance and Director General (Health), Government of Uttar Pradesh, Lucknow," the Court directed.

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

Appearance:-

Applicant: Advocate Vikash Chandra Tiwari

Opposite Party: Advocate Ajay Singh Yadav (G.A)

Click here to read/download the Order


Justice Ajay BhanotAllahabad High Court

Sukriti Mishra