School Transfer Certificate Cannot Be Relied Upon To Determine POCSO Victim Age : Supreme Court Acquits Accused

Keywords: POSCO Act, Juvenile Justice Act, Statutory Age, Municipal corporation, Ossification test, School transfer certificate.

Supreme court passed the Judgment on 18th July 2023 in the matter of POSCO Act. A division bench consisting of Justices S. Ravindra Bhat and Aravind Kumar were hearing the matter. The Court acquitted a man charged for the offences under POSCO Act.

The Trial Court in this case had considered the school Transfer Certificate to determine the age of the victim. Further High Court did not consider the age of the victim which was determined by a medical examination. The examination stated that the age of the victim is above 18 years but less than 20 years. High Court refused to take this into consideration, while the school records were available.  Supreme Court held that for determining the age under POSCO, Section 94 of the Juvenile Justice Act should be recourse.

Mr. K. Krishnamurthy, learned Advocate General who appeared for the State supported the conviction. He stated that even though the victim and the Appellant were in love with each other the victim was below the statutory age and because of which the consent was not relevant.

The prosecution failed to establish the penetrative sexual assault. Under section 164 of CrPC the victim deposed that she was in love since one year with the appellant. She had consumed poison as she was not willing to live with the Appellant.

The  Supreme court observed as following:

•It disagreed the view of the High Court and held it as incorrect and erroneous. Further held that the result of ossification is most authentic.

•The statements made by victim under section 164 of CrPC were held truthful.

•Considering all the evidences it held that the provisions of POSCO do not apply and the Appellant is not guilty if the offence and is acquitted.

SECTION 94 OF JJ ACT:

The section provides various ways to determine age. It first states to give preference to the Birth certificate of the person which is issued by Municipal Corporation. If the certificate is not available then the preference shall be given to certificate from School, matriculation or equivalent certificate by the concerned examination board. If even such certificates are not obtained then ossification test or any other latest medical test shall be conducted.

name: Manaswini Datar, University: Karnataka State Law University, Semester: 8^th intern under legal vidhiya

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