only gives up a reference age which generally found margin error
of 2-3 years on either side. The Hon'ble Supreme Court ... ossification test is natural and in such
circumstances, if margin error of 2-3 years in age on ossification
test is taken
only gives up a reference age which generally found margin error
of 2-3 years on either side. The Hon'ble Supreme Court ... ossification test is natural and in such
circumstances, if margin error of 2-3 years in age on ossification
test is taken
Certificate. Since the age has been determined only through
medical examination, marginal error advantage can also be given to the
appellant in the extraneous circumstances ... case. As the marginal
error can be one or two years on either side and as the victim was found
to be 'completed
through bone age ossification test?
(ii) Whether the principle of 'margin of error' is to
be applicable or not in cases under ... POCSO cases, the Court
would be required to apply a margin of error of two years in the age
of a victim
through bone age ossification test?
(ii) Whether the principle of 'margin of error' is to
be applicable or not in cases under ... POCSO cases, the Court
would be required to apply a margin of error of two years in the age
of a victim
victim is said to
be between 14 to 16 years with margin of errors and another
victim between 15 to 17 with margin of error ... must be accepted by the Court. Thus,
according to him with margin of error of two years, both victims
were major and therefore the prosecution
tampered with, courts may rely on medical
determination with a margin of error of 2 years on the lower or
higher side applied ... 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
conclusive proof of the age of
the person and has a margin of error of two years, which will
suggest that the Victim/Survivor ... result, is not completely reliable because there is an
error margin. Moreover, without these cell tower locations being
substantiated by any expert witness, they cannot
basis of principle of law
that there could be marginal error of two years which would
mean that the prosecutrix would have been above
victim.
(ii) Whether the principle of 'margin of error' is to be
applicable or not in cases under the POCSO Act where ... proved through bone age
ossification test.
Ans: Yes. The margin of error of two years is further
required to be applied
