PANAJI
Goa Police’s failure to ascertain the age of a minor rape victim through medical examination or any documentary evidence has resulted in the discharge of an alleged accused, a native of Rajasthan, from the charges.
The Fast Track Court (POCSO), Panaji discharged Harphool Saini of the rape and kidnapping charges after observing that the prosecution failed to submit any documentary or medical proof to ascertain the victim's age at the time of the crime.
During the hearing, the legal representative of the accused argued before the Court that there was no documentary evidence or ossification test, which could have determined the victim's age, was also not conducted. “Hence, there is no evidence on record to establish that the victim was a child as defined by the POCSO Act,” he contended.
The Court acknowledged the absence of documents such as a birth certificate, school leaving certificate, or Aadhar card, and ossification test.
“Although the prosecution has referred to the written arguments about the school leaving certificate and Aadhar card, no such is produced on record showing the age of victim girl as 17 years old or that the victim was a child at the time of the offence,” FTC Presiding Officer Durga Madkaikar stated.
With no tangible evidence regarding the child’s age on record, the Court discharged the man of the charges.
