The Delhi High Court recently granted relief to a POCSO convict, noting that the prosecution failed to establish beyond doubt that the survivor was a minor at the time of alleged offence [Karan Kumar v. State & Anr.]. Justice Amit Sharma observed that the survivor’s date of birth mentioned in her school register was not on the basis of any proof of birth document issued by any Corporation or a Municipal Authority or a Panchayat. Rather, the entry was made based on what was conveyed by her parents.
The bench also took into account the survivor’s assertion that she was a major at the time of incident, born on the day of Holi in March, 1998 and her age given by the parents is incorrect. As such, the bench observed, “it was incumbent upon the prosecution to establish that the victim’s age was less than 18 years by conducting ossification test or any other latest medical age determination test conducted on orders of the Committee or the Board.” It held that the prosecution failed to discharge its obligation to prove that the survivor was a child in terms of Section 2 (1)(d) of the POCSO Act.
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