method called Greulich & Pyle
(GP method) in which a margin of error could be +/- two (2) years. The
respondents have also relied upon ... 2013 Page 9 of 18
error free. Even TW3 method, which the respondents have adopted,
admittedly has error margin of +/- by six months
prosecutrix was assessed between 14 to 16 years, with no further
marginal error to be given either side. The said ossification report, proved
on record
examination cannot be accepted straight away
as a legal proof. The margin of error is of two
years on either side even when ... radiological test. The Apex Court has held that
there is margin of error of two years when the age is determined
by taking radiological test
marginally higher than 10 and this can be due to normal deterioration and improper storage conditions prior to testing and due to margin of error ... claim of marginal variation, it has to be noted that the specifications do not provide for any margin of error
based on the medical jurisprudence.
Thus, it says that a margin of error in age is to be made of two years
on either side ... comes hardly to 16 years as on 18.7.2004. The benefit
of margin of error in age if given, then the accused falls below
conclusive and incontrovertible nature and it
is subject to a margin of error."
9. In a decision reported ... Court has held that one can take judicial notice
that the margin of error in age ascertained by
:9:
radiological examination is two years
person concerned. It is accepted
that there is always a margin of error in such cases which may
even extend to two years. Therefore ... could be '16' as there is always a margin of error that would
be taken into consideration could be the other way around
assess her
age. In his evidence he states that the margin
of error in respect of the age assessed by him
is one year ... When the doctor PW17 himself states in
his evidence that the error of margin was one
year, this error of margin of one year
respondents are directed to do everything
possible to reduce the error margin. The awarding of six
grace marks for a question paper which carries ... directed to exercise due diligence and care
and ensure that the errors do not creep into the multiple
choice question papers.
22. No order
State vs . Chandrakant Jha on 4 February, 2013
IN THE COURT OF Dr. KAMINI LAU
