The Supreme Court has issued a significant ruling stating that school transfer certificates cannot be relied upon to determine the age of a person in cases under the Protection of Children from Sexual Offences Act (POCSO Act). A bench comprising Justices S Ravindra Bhat and Aravind Kumar held that, according to Section 94 of the Juvenile Justice Act (JJ Act), specific documents must be relied upon to determine age in such cases.
The court emphasized that when disputes regarding age arise in the context of a person being a victim under the POCSO Act, the following documents should be considered: (i) the date of birth certificate from the school or equivalent certificate from the examination board; (ii) in the absence of the first, the birth certificate issued by a corporation, municipal authority, or panchayat; and (iii) if the above documents are unavailable, an ossification test or any other latest medical age determination test.
The ruling came in response to an appeal where the Madras High Court had relied on a school transfer certificate to reject a doctor's opinion regarding the age of the victim. The Supreme Court stated that the transfer certificate and extracts from the admission register did not meet the requirements outlined in the JJ Act. Instead, it emphasized that the most authentic evidence was the medical ossification test, corroborated by the examining doctor, which complied with Section 94 of the JJ Act.
Furthermore, the Supreme Court noted that in this particular case, the prosecution had failed to establish any forced sexual assault. The victim's statement under Section 164 of the Criminal Procedure Code was considered truthful, indicating no penetrative sexual assault. As a result, the court concluded that the provisions of the POCSO Act were not applicable, leading to the acquittal of the accused.
The decision clarifies the procedure for age determination in POCSO cases and emphasizes the need for accurate and reliable evidence. Relying solely on school transfer certificates for age determination was deemed inappropriate, highlighting the importance of adhering to the guidelines set forth in the Juvenile Justice Act. The ruling aims to ensure fairness and justice in cases involving child victims of sexual offences.
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