Civil Procedure Code (CPC)

age of prosecutrix how to determine?

LAWYER IN JAIPUR

In a rape case i m handilng the girl herself and her father do not says any accurate date of birth. but her school certificate shows she was of 15 yers and 8 months. 

is there any apex court judgement that this situation favors to accused.

 
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practicing advocate

Birth certificate issued by the schhol authority is valid.

 
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Senior Partner

@ Author

For scientists, the best method for narrowing down a person's age is a combination of five weighted factors known as the COMPLEX METHOD. It includes analysis of the pubic bones that lie just under the navel along with some vertebral bones, both sets of which start out rough in youngsters but smooth out over time; images of the femur, or thigh bone, which becomes thinner and loses bone mineral over time; dental wear; and closure of the cranium.


Total likes : 1 times

 
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@Tajobsindia

Thanks doctor tajob.I agree with rajiv and taji as Birth certificate and medical test reveals the age of girl.

 
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Senior Partner

Originally posted by :Kushan Vyas
"
@Tajobsindia

"Thanks doctor tajob"

Listen to http://searchmp3songs.com/mp3/tera-picha-na-chodunga 
ha ha ahaaaa
"
 
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LAWYER IN JAIPUR

thanx! all but my question is is there any apex court judgement that this situation favors to accused.

 
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UNEMPLOYED

author needs appex judgment if any.

 

matter interesting, i am on watch, if any.

 

normally school certificate treated as final, but if anything contray against the school certificate, generally advocates pray for further medical test under the supervision of the court.

 
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Senior Partner

@ Author,

Your que. is interesting to the point that the age of the girl is important to analyse the nature of charges filed against accused person(s) but what confuses me is the sentence that you last wrote in very first post because the evidence of her school certificate is shaky hence safely I can say that follow Banda Rape victims (BSP MILA raping a tribal girl in Banda remeber that headlines) evidence case histories where the victim kept on saying she is 17 years whereas the first medical commission verdict said she is 18 years and last Jan. the court appointed second medical commission to determine the very age of the prosecutrix. However the consentual age even as per Hon'ble SC is 16 years in majority of judgments and this ratio carried into your case scenarios I see doubts of conviction however let me also wish your side all the best.

 
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Senior Partner

Re.: STATE OF A.P. Vs. P. NARASIMHA 
1994 SCC (4) 453 / JT 1994 (3) 576 / 1994 SCALE (2)760

 

 
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