Determination of age
Rahul Mehrotra
(Querist) 12 August 2012
This query is : Resolved
If a girl's age according to school leaving certificate is 13 years and according to medical report,about 18 years.In this case which document will get preference in court in proving her age?
Thanks.
Adv.R.P.Chugh
(Expert) 12 August 2012
Medical determination of age by experts by ossification and other allied tests don't present an exact picture, with a difference of one year on either side. However in this case since it's a criminal matter and the difference between School certificate age and medical is too big. The Court may take another expert opinion and finally adopt the view that favours the accused.
prabhakar singh
(Expert) 12 August 2012
Medical certificate would preponderate over the school leaving certificate.
And Dear Chug how did you come to conclude that query relates to a criminal case when it reads simply"If a girl's age according to school leaving certificate is 13 years and according to medical report,about 18 years.In this case which document will get preference in court in proving her age?
Thanks. "??????????????
Nadeem Qureshi
(Expert) 12 August 2012
Dear Rahul
It's depend on the facts and matter,Basically Medical certificate would preponderate over school Leaving Certificate.
R.K Nanda
(Expert) 12 August 2012
State full facts of case pending in court?
Rahul Mehrotra
(Querist) 13 August 2012
The facts of the case is that, in his bail application (pending in High court) the accused took plea that he and the girl eloped and got married and the girl according to medical report is major and FIR lodged u/sections 363,366,504,506IPC against him by the complainant(mother of the girl) is due to animosity.
The complainant has only school leaving certificate as age proof according to which she is 13 years.The statements of girl is also contradictory.So in this case whether school certificate is relevant or not in proving the girl minor?
JANAK RAJ VATSA
(Expert) 14 August 2012
medical expert's opinion will get preponderance over the school leaving certificate because the gap between both is 5 years which is unexplainable.
