Document Fragment View

Matching Fragments

11. At this stage, the medical evidence given by the Doctor (PW-5), namely Dr. Shakuntala Nag, who had examined the victim, is also required to be discussed. The said Doctor has specifically stated, on general Patna High Court CR. APP (SJ) No.282 of 2004 dt.11-09-2025 examination, that the age of the girl was 16-18 years and in paragraph 15 of conclusions, the Doctor has stated that, based on physical and radiological findings, the age of the victim is between 15-17 years. It is pertinent to note that the prosecution has not produced any documentary evidence with a view to prove the age of the victim. Though, the victim has produced photocopy of her Aadhar card, the said document has not been duly exhibited. Thus, with a view to determine the age of the victim, the evidence given by the doctor on the basis of the radiological finding is required to be kept in view. 
                             Growing in age day by day is an
                             involuntary             process       and   the
                             anatomical              changes        in   the
structure of the body continuously Patna High Court CR. APP (SJ) No.282 of 2004 dt.11-09-2025 occur. Even on normal calculation, if seven months are deducted from the approximate age opined by the expert, in October 1981 detenu was around 17 years of age, consequently the statement made in the petition turns out to be wholly true. However, it is notorious and one can take judicial notice that the margin of error in age ascertained by radiological examination is two years on either side. Undoubtedly, therefore, the detenu was a young school-going boy. It equally appears that there was some upheaval in the educational institutions. This young school-going boy may be enthusiastic about the students' rights and on two different dates he marginally crossed the bounds of law. It passes comprehension to believe that he can be visited with drastic measure of preventive detention. One cannot treat young people, may be immature, may be even slightly misdirected, may be a little more enthusiastic, with a sledge hammer. In our opinion, in Patna High Court CR. APP (SJ) No.282 of 2004 dt.11-09-2025 the facts and circumstances of this case the detention order was wholly unwarranted and deserved to be quashed."

13. In the case of Rajak Mohammad (supra), the Hon'ble Supreme Court observed in Paragraph-9 as under:-

"9. While it is correct that the age determined on the basis of a radiological examination may not be an accurate determination and sufficient margin either way has to be allowed, yet the totality of the facts stated above read with the report of the radiological examination leaves room for ample doubt with regard to the correct age of the prosecutrix. The benefit of the aforesaid doubt, naturally, must go in favour of the accused."

14. Thus, from the aforesaid decisions, it can be said that sufficient margin either way has to be allowed while determining the age on the basis of the radiological examination. In the present case, the age of the victim can be said to be in between 17-18 years and the benefit of the same is required to be given to the accused.

Patna High Court CR. APP (SJ) No.282 of 2004 dt.11-09-2025

42. The ossification test is a test which determines the following:-