In Karan Kumar v. State & Anr. (Delhi High Court):
➡️ Background:
The appellant was convicted under the Protection of Children from Sexual Offences (POCSO) Act. A central question on appeal was whether the prosecution had conclusively established that the victim was under 18 years of age.
➡️ Delhi High Court’s Finding:
The Court held that it is incumbent on the prosecution to prove the victim’s minority—i.e., that they were below 18—by ordering and relying upon an ossification test or any other medical age-determination procedure recognized by the Competent Committee/Board.
➡️ Why This Matters:
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⚖️ Burden of Proof: Reinforces that age is an essential element in POCSO cases and cannot be presumed—medical evidence is mandatory if age is in dispute.
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🔬 Forensic Standards: Emphasizes use of scientific methods (ossification, dental tests, MRI, etc.) to avoid wrongful convictions or unjust acquittals.
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📌 Procedural Clarity: Provides clear guidance to trial courts on when and how to direct medical age determination.
🔍 Key Takeaway:
In all POCSO prosecutions where a victim’s age is contested, courts must proactively direct medical age verification to uphold both justice and statutory safeguards.
#POCSO #CriminalLaw #Forensics #LegalProcedure #DelhiHighCourt #ChildProtection
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