Topic

school register

2 articlesLatest 1 week ago
POCSO Act | Age Determination Requires Statutory Documents or Ossification Test; DNA Proves Intercourse Not Rape Absent Non-Consent Evidence : Chhattisgarh HC
Case Law Analysis
|Chhattisgarh High Court

POCSO Act | Age Determination Requires Statutory Documents or Ossification Test; DNA Proves Intercourse Not Rape Absent Non-Consent Evidence : Chhattisgarh HC

The Chhattisgarh High Court acquitted a POCSO accused after the prosecution failed to establish the victim's minority through statutory records or an ossification test, reiterating that school registers and similar documents are primary proof of age. The court further clarified that while DNA evidence may confirm sexual intercourse, it cannot substitute for proof of lack of consent to establish rape.

Ossification test requires benefit of doubt to accused; school admission register insufficient to prove minority under POCSO | Gauhati HC acquits accused in Section 6 POCSO case : Gauhati HC
Case Law Analysis
|Gauhati High Court

Ossification test requires benefit of doubt to accused; school admission register insufficient to prove minority under POCSO | Gauhati HC acquits accused in Section 6 POCSO case : Gauhati HC

The Gauhati High Court held that an unexamined school admission register cannot establish a victim’s minority and that ossification test results must be interpreted with a two-year margin in favour of the accused. Consequently, the accused was acquitted under Section 6 of the POCSO Act, clarifying the evidentiary burden for age proof in POCSO prosecutions.

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