claim of Petitioner that the equipment had a possible
maximum margin error of +/- 0.005% and the result of Petitioner was
0.004% which is squarely covered ... this Court is not inclined to grant benefit of
maximum margin error to the Petitioner. The reason for not granting
benefit of margin of error
more than 22 years but less
than 40 years including margin of error. The said report reads:
“MD/ AGE/ 198/ 2005
Department of Forensic Science ... years but less than
forty years (40 years)' including margin of error.
Signed in the presence of:
Sd/
B G More
between 15-17 years, then
after taking into consideration the margin of error of 2 years, the age of
the prosecutrix should be considered ... Court should be towards considering the
lower side on the margin of error. The same is also in consonance with the
objectives of POCSO
Kashmir & Ors. " : AIR 1982 SC 1296 has held that margin of error in age ascertained by radiological examination is to be taken ... several decisions, has taken judicial notice of the fact that the margin of error in age ascertained by radiological examination is two years on either
determination test. Section
94 does not contain provision regarding benefit of margin of error to
be given to the child or juvenile as provided ... conclusive or incontrovertible and leaves a margin of error of two years
on either side. It is also a settled position that the benefit
determination test. Section
94 does not contain provision regarding benefit of margin of error to
be given to the child or juvenile as provided ... conclusive or incontrovertible and leaves a margin of error of two years
on either side. It is also a settled position that the benefit
which, she is aged about 17 years, therefore, there may be marginal error of two years on either side.
9. Lastly, it is submitted
that this court may take judicial notice of the fact that margin of
error in age determination by radiological examination is two
years ... uncertain terms observed
that one should take judicial notice that the margin of error in age
ascertained by the radiological examination is two years
victim also could not be relied upon as the same has error of margin of two
years. Mr. Ahmed referred one case law in Vinod ... Vinod Katara Mr.
Ahmed submits that there is always a margin of error of two years, yet, I am in
respectful disagreement with the submission
established
principle of law that there is a margin of error of two years of either side and the benefit of
doubt always goes ... that ossification test is no doubt a surer test but the margin of error is two
years on either side. Therefore, the victim
