SUSHANKA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred against the conviction of the appellant under Sections 417 and 376 of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

(2.) Learned counsel for the appellant submits that the prosecution did not produce any document in evidence to show that the victim was a minor at the relevant date. Learned counsel contends that the trial Court relied on an Admit Card, which was never exhibited at all.

(3.) By placing reliance on Mahadeo S/o KerbaMaske Vs. State of Maharashtra and another, reported at (2013) 4 SCC 637, learned counsel submits that the Supreme Court categorically held that the yardsticks for ascertaining the age of a juvenile can also be followed by courts for the purpose of ascertaining the age of a victim. It was held in the said judgment that the statutory provision contained in the Juvenile Justice (Care and Protection Children) Rules, 2007 (in short, 'the Rules '), under Rule 12, clearly provides the mode of proving the age. In order of priority, the documents are : (i) the Matriculation orequivalent certificate, if available, (ii) the Birth Certificate from the School (other than a play school) first attended and (iii) the Birth Certificate given by Corporation or a Municipality or a Panchayat. The said documents, in the above order, should be given precedence. In the event none of such alternative methods is available, only then medical information can be sought for to determine the age.