Allahabad High Court: Victims’ False Age Depiction in POCSO Cases Abuses Court Process

The Allahabad High Court has issued directives emphasizing the importance of accurate determination of victims’ ages in cases of sexual offences against children, stating that discrepancies can significantly impact the rights of the accused.

In a recent ruling, the court granted bail to Aman, also known as Vansh, who had been in jail since December 5, 2023, in a POCSO case. Justice Ajay Bhanot emphasized that falsely portraying a victim as a minor in such cases amounts to an abuse of the court process.

The court highlighted the necessity for timely medical reports to determine victims’ ages at the outset of investigations, urging police to ensure this without delay. Justice Bhanot noted instances where victims’ ages in prosecution cases differed from those determined by medical boards, leading to false implications and the criminalization of young couples.

In the case at hand, the victim’s age was inaccurately stated as 16 years in the FIR, while subsequent medical examination revealed them to be 17 years old. The court observed multiple contradictions within age-related documents provided by the prosecution.

To address these issues, the court directed that police authorities ensure the prompt creation of medical reports determining victims’ ages under Section 164A of the Criminal Procedure Code and Section 27 of the POCSO Act. However, the report may be waived if deemed detrimental to the victim’s health.

Furthermore, the court mandated adherence to established legal procedures and medical protocols in creating these reports, emphasizing the need for trained medical professionals to carry out age determinations accurately.

In conclusion, the court underscored the importance of maintaining integrity in legal proceedings, particularly in cases involving vulnerable victims, and stressed the need for meticulous adherence to established protocols to uphold justice.

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