The Allahabad High Court, while granting bail to the petitioner, accused under the POCSO Act observed that a false depiction of a victim as a minor in POCSO Act cases is an abuse of the process of court and further stated that a Medical Report determining the age of a POCSO Act offence is an imperative requirement of law and an absolute necessity of justice.
Brief Facts:
The present petition was filed by the petitioner, accused under the POCSO Act seeking bail, alleging that the victim was wrongly shown as a minor of 16 years in the FIR only to falsely implicate the applicant.
Contentions of the Applicant:
The learned counsel appearing on behalf of the applicant submitted that the victim was wrongly shown as a minor of 16 years in the F.I.R. only to falsely implicate the applicant under the stringent provisions of the POCSO Act and cause his imprisonment and further, there are material contradictions in the age of the victim as recorded in various prosecution documents. It was further submitted that the age of the victim was incorrectly registered in the school records by the victim's parents to give her an advantage in life and there is no lawful basis for the age-related entry of the victim in the school records further the medical to determine the age of the victim was not drawn up at the time of arrest of the applicant. It was further submitted that the F.I.R. is the result of opposition of the victim's family to the said relationship with the applicant and the victim in her statements under Section 161 Cr.P.C. and Section 164 Cr.P.C. has admitted to intimacy with the applicant and no allegation of commission of rape by the applicant with the victim was made in the F.I.R. or in the statements of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C.
Observations of the court:
The court noted that in the instant case as in a large number of bail applications under the POCSO Act, issues relating to the age of the victims having serious consequences on the life and liberty of accused persons arise for consideration and further the court has been finding that in a large number of cases, the age of the victim set out in the prosecution case is often at variance with the age determined by the expert medical boards in accordance with the latest medical protocols and at times there are multiple contradictions in age-related documents available with the prosecution. Numerous cases of false implication and abuse of the POCSO Act have also been noticed. Runaway couples of young age are criminalized in the process.
Further, it was stated that the importance of medical reports in the criminal investigation process was recognized by the legislature while incorporating Section 164-A of the Code of Criminal Procedure and the said medical reports determining the victim’s age at the very outset will also help prevent misuse of the POCSO Act.
The court stated that a false depiction of a victim as a minor in POCSO Act cases is an abuse of the process of court and further stated that a Medical Report determining the age of a POCSO Act offence is an imperative requirement of law and an absolute necessity of justice. The court then issued the following directions-
- The police authorities/investigation officers shall ensure that in every POCSO Act offence, 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 medical report determining the age of the victim shall be created as per the established procedure of law and in adherence to the latest scientific parameters and medical protocol.
- 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.
- 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.
The decision of the Court:
The court allowed the petition and granted bail to the accused.
Case Title: Aman @ Vansh vs State of U.P and Ors.
Coram: Hon’ble Mr. Justice Ajay Bhanot
Case No.: CRIMINAL MISC. BAIL APPLICATION No. - 2322 of 2024
Advocate for the Petitioner: Vikash Chandra Tiwari
Advocate for the Respondent: Ajay Singh Yadav, G.A
Read Judgment @LatestLaws.com
Picture Source :
