Document Fragment View

Matching Fragments

23. Thus, it is clear that the margin of error is not absolute in nature. In the present case, the ossification was done in regard to multiple joints as per the Ossification Report. It was noted that- "the epiphysis of shoulder, elbow, wrist, hip, knee and ankle joints as well as iliac crest and ischiel tuberosity have appeared and fused. The medial ends of clavicle have not found". After physical examination, dental examination and radiological examination, the petitioner was opined to be 21-22 years of age. On the basis of the same, the learned Trial Court noted that the margin of error was significantly on the lower side.

"11. After considering the physical, dental and radiological examination, the age of the accused was opined between 25-30 years on the date of examination i.e. 23.01.2012 by the Medical Board at AIIMS (Ex. CW-6/A). It is not disputed that the determination of age on the basis of ossification test is only an estimation and not conclusive. In practice, such determination is extremely difficult and cannot fix age with certainty because it is considered an inexact science where the margin of error can be 2 or 3 years oh either side. Relying on the judgment of this Court 'State of NCT of Delhi v. Shiva' (Crl. L.P. 172/2008), the counsel contended that the margin of error in age ascertained by radiological examination is two years on either side and the benefit of such margin of error should have been given to the Appellant. We are un-persuaded with this argument. According to the authorities referred on medical jurisprudence, benefit of margin of error of two years on either side at the maximum can be given in case of determination of age based on ossification test. It is however not so, in case of radiological examination for multiple joints.
12. In the case of 'Lal Bahadur v. The State' (Crl. R. 145/2003 decided on 25.07.2003) this Court extracted the passage from Jhala and Raju's Medical Jurisprudence:
"If ossification test is done for a single bone, the error may be two years either way. But if the test is done for multiple joints with overlapping age of fusion, the margin of error may be reduced. Sometimes this margin is reduced to six months on either side."
(b) secondary sex characteristics, and (c) ossification tests and after allowing a margin of error of six months on either side. Thus, if the sum total of all these rests seems to indicate that the age is between fifteen and sixteen, a margin of error of six months on either side would make, according to the recommended method, an estimated age of between 14½ to 16½ years."