shall get her physically examined as also get the necessary radiological/ossification tests conducted and, on the basis of such examination/tests, shall estimate ... shall get her physically examined as also get the necessary radiological/ossification tests conducted and, on the basis of such examination/tests, shall estimate
years of age. This
apart, the prosecutrix was not sent for ossification test /
radiological examination to determine her age and in absence
thereof, it cannot ... prosecutrix. Even prosecution has not sent the prosecutrix
for ossification test/radiological test. It is a mark-sheet of
school and not issued from Board
brought on the record by the prosecution. Even the report of
ossification / radiological test was not produced to have
opportunity to the defence to cross
Anoop Singh (2015) 7 SCC 773, it was held that the ossification test is not the sole criteria for age determination. Following Babloo Pasi ... beyond 25 years of age. Therefore, the age determination based on ossification test though may be useful is not conclusive. An X-ray ossification test
trial Court
specially Para 19 indicates that from the
Ossification/Radiological Test report, trial Court found
the age of prosecutrix on the date of incident
corpus herself, it would be
appropriate to subject the corpus to ossification/radiological test to
ascertain her appropriate biological age.
State counsel Shri Mishra
also stated that the opinion
of Pathology Department, Age determination ossification
test, radiology department was called, but, he does not
say that he had received ... 2018 01:03:24 :::
16 CrApel 516-2016
ossification test was done, no witness was examined so as
to prove the date of birth
Hospital. The prosecution
was required to conduct the ossification/radiological test which was
not conducted and failure to conduct ossification/radiology test
caused serious doubts
Durgesh Vanshkar vs The State Of Madhya Pradesh on 18 July, 2024
1
IN THE
available in the school record. Both the
prosecutrix were subjected to ossification/radiological tests,
where the age of Pushpa was found ... determination
of age on the basis of medical tests i.e. ossification/radiological
test is always having variance of two years on both sides