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
that the concerned Scientist from National Metallurgical Laboratories had indicated an error margin as high as 200%. An error margin to the extent ... further submitted that the Tribunal committed a serious error in placing much emphasis on the error margin to grant the relief. In the circumstances
dispute of calculation, miscalculation or any suspected
marginal error, it would be appropriate that instead of
rounding off principle, a relaxation to the extent ... order to
ensure any dispute of calculation, miscalculation or any
suspected marginal error, it would be appropriate that
instead of rounding off principle, a relaxation
Guna @ Gunasekaran vs State By Inspector Of Police (L&O) on 4 July, 2019
examination in respect of the age is always subject to some marginal error and that is the reason why the Hon'ble Supreme Court
income therefore concession in percentage as done is case were marginal error of calculation possible does not arise in this case.
27. Therefore, this court
girl was definitely below
the age of 16 years. The margin of error in age has been judicially
recognized by the Apex Court in Jayamala ... notorious and one can
take judicial notice that the margin of error in age
ascertained by radiological examination is two years
on either side
income therefore concession in percentage as done is case were marginal error of calculation possible does not arise in this case.
27. Therefore, this court
that in any test of this nature there are possibilities of marginal errors ?
iii.Whether the Tribunal was right in relying on test reports which
Trial Court ought to have
taken judicial notice that the margin of error in age ascertained by
radiological examination is two years on either side ... such a margin of
error in age is to be given in favour of the accused and benefit of doubt is to
be given
