ossification test Archives

In absence of any documentary proof of date of birth, ossification test is required: Delhi HC sets aside conviction under POCSO Act

“In the present case, despite the clear statement given by the survivor that the relationship between the appellant and herself was consensual in nature, he has been convicted under the POCSO Act only for the reason that on the date of incident she was less than 18 years of age.”

Case Briefs High Courts

Gujarat HC seeks Medical Opinion for Termination of Pregnancy of Minor Rape Survivor

The Court also directed the Medical Panel to conduct an ossification test of the minor.

Case Briefs High Courts

[POCSO] Absence of wisdom tooth does not conclusively prove age below 18 years; Bombay High Court acquits accused

Eruption of wisdom tooth may at the most suggest that the age of the person is 17 years or above, but non-eruption or absence of wisdom tooth does not conclusively prove that the person is below 18 years of age.

Case Briefs High Courts

‘Victim’s date of birth recorded in school records not free from doubt’; Allahabad High Court acquits POCSO Convict on benefit of doubt

Allahabad High Court said that the admission form has not been filled in by the parents of the victim, but by a stranger, whose credentials are unknown. Thus, the significance of victim’s medical age determination will be considered, as per which, she was a major on the date of the incident.

Case Briefs High Courts

Gau HC | Not in interest of the child; HC stays Sessions Court’s order granting custody of teenage rape victim to relatives of accused

Gauhati High Court: The Division Bench of Sudhanshu Dhulia, CJ., and Manash Ranjan Pathak, J., addressed a suo motu PIL concerning the

Case Briefs Supreme Court

Can ossification test held after 38 years of incident be conclusive to prove juvenility on the date of incident? SC answers

“The ossification test can be said to be relevant for determining the approximate age of a person in conflict with law. However, when the person is around 40-55 years of age, the structure of bones cannot be helpful in determining the age.”