Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
93. In wake of the preceding narrative, the manner of consideration of age of a victim in a bail application under the POCSO Act shall be guided as follows:
I. The procedure for determination of a victim’s age provided in Section 94 of the JJ Act, 2015 read with JJ Rules, 2016 shall not apply to bail applications, though the documents therein are liable to be considered. Age of victim as per procedure prescribed in Section 94 of the JJ Act, 2015 is determined conclusively only in the trial.
II. The line of enquiry and relevant factors to assess the age of the victim in a bail application under the POCSO Act offences are these. The consideration of the age related documents mentioned in Section 94 of the JJ Act, 2015 i.e. school certificate (including matriculation), date of birth certificate issued by a local body, and medical report for age determination as produced by the prosecution is a good start point in the process.
III. The accused has a right to assail the veracity of the age of the victim as stated in the prosecution case.
IV. The court while deciding the said bail application is obligated to independently:
A. Examine the challenge laid to the victim’s age by the accused applicant.
B. Evaluate credible doubts about the age of the victim.
V. The assessment of age in a bail order is of a tentative nature, and is based on probative value of documents which are yet to be proved or statements of witnesses who are still to be examined in court. Such determination by a court is not conclusive and is made only for the limited purpose for deciding the bail application. {Para 93}.
ALLAHABAD HIGH COURT
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55026 of 2021
Monish Vs State Of U.P. And 3 Other
Citation No. - 2023:AHC:32270
Author: Hon'ble Ajay Bhanot,J.
Dated: 09.02.2023.
