Jaya Mala (supra)
that judicial notice can be taken that margin of error in age
ascertained by the radiological examination is two years on either ... years on either side."
20. The issue in relation to margin of error in medical tests
was also answered
between
1416 years. Accused was held entitled to advantage of marginal error based
on ossification test ... years and below 16 years, meaning thereby that
even after giving marginal error of two years, she was below 18 years of age,
even then
observe that
ossification test is not conclusive of age and margin of error in age ascertained
by radiological examination is two years on either side ... bone ossification test is go to the accused and the
margin of error in ascertaining age by radiological examination is two years on
either side
appellants would have been given benefit
of marginal error / analytical error as there was marginal deficiency being
less than 1%. The appellantsherein were ... therefore,
the appellants should have been given the benefit of marginal error /
analytical error. The report of Food Analyst is not proved
appellants would have been given benefit
of marginal error / analytical error as there was marginal deficiency being
less than 1%. The laboratory of the Food ... therefore, the appellants should have been
given the benefit of marginal error / analytical error. The report of Food
Analyst is not proved
years. It is further contended that there is always margin of
error of two years in age ascertained in radiological examination
and benefit of margin ... always goes to accused. It is
contended that if benefit of margin of error is given, prosecutrix
was 18 years at the time of alleged
State vs . Chandrakant Jha on 4 February, 2013
IN THE COURT OF Dr. KAMINI LAU
Da vs . Joginder Singh Etc Page 1 Of 52 on 19 May, 2014
IN THE
months to 15
years and eight months due to error margin in the bone age she
should be treated as more than 16 years ... Debaprosad Base v King AIR 1950 Cal 406) The radiological test
margin of error in age ascertained by radiological examination is two
years on either
bone ossification test, after all, is a scientific
examination having proved margin of error attached with it.
Hon'ble Apex Court of India ... commission of offence under all
circumstances, even by extended any margin of error on lower
side. Accordingly, this court concurs with the finding
