Whether it is mandatory to determine age of victim in the Pocso Act at the stage of hearing on bail application?

 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.

Read full Judgment here: Click here.

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