Shikha Kumari vs The State Of Bihar Through Principal ... on 5 March, 2020
Equivalent citations
secondary sex characteristics, and (c) ossification tests and after allowing a margin of error of six months on either side. Thus, if the sum total ... defence counsel submitted that the court can take notice that the marginal error in age ascertained by radiological examination is two years at either side
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 ... learned counsel for the appellant
on the aspect that the margin of error in age ascertained by radiological
examination could be taken as two years
years. Significantly Dr. Sandhya has not stated anything about the error of margin while determining the age of the prosecutrix.
11. It is thus seen ... Sandhya P.W. 7, has not stated anything about the error of margin when she gave her opinion about the age of the prosecutrix
court for assessment of age
of the prosecutrix of two years margin of error on the higher side was
erroneous. It is therefore, stated that ... victim between 16-18 years.
Therefore, applying the margin error principle of two years on either
side, the age could be between 14-20 years
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
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
girl could be from 17 to 19
years. This margin of error in age has been judicially
recognized by this Court in the case ... notorious and one can take
judicial notice that the margin of error in age
ascertained by radiological examination is two
years on either side
years is possible and when there is a possibility of margin of
error of two years, then the view in favour of the appellant/accused ... held that the said margin of two years should
always be taken on the higher side. Whether the margin of error of two years
conclusive and incontrovertible nature and it
is subject to a margin of error. Medical
evidence as to the age of a person though a
very ... rule, that the said margin of
two years should always be taken on the higher side. Whether
the margin of error of two years