Source: Supreme Court

Why in News?

Justices Sanjay Kishan Kaul and Sudhanshu Dhulia observed the juvenility of the accused convicted for murder and common intention under Sections 302/34 Indian Penal Code,1860 (IPC) and sentenced him to life imprisonment in an assault and murder case.

• The Supreme Court gave this judgment in the case of Pawan Kumar v. State of UP.

What is the Background of Pawan Kumar v. State of UP Case?

• There were four accused in the case namely Accused 1 (A1), A2, A3, & A4.
• A4 passed away during the trial and his case stood abated and the remaining three were convicted.
• The said conviction has been upheld by the High Court of Judicature of Allahabad (Lucknow Bench).
• Meanwhile, as far as A1 and A2 are concerned, who are the father and brother of the present appellant (A3) respectively, they were released prematurely after remaining in jail for more than 19 years, under the remission policy of the State.
• Consequently, they have not filed any petition before this Court.
• The A3 has raised a claim of being a juvenile at the time of the alleged commission of the crime before the SC, his plea was dismissed by the Trial Court and the High Court as a bone ossification test was conducted under the supervision of the Chief Medical Officer of District Hospital, Barabanki where the age of the appellant was recorded as approximately 19 years.

What were the Court’s Observations?

• Supreme Court observed that “It must also be kept in mind that the medical opinion based on ‘Bone Ossification Test’, is not entirely accurate”.
• Supreme Court partly allowed the appeal on the question of juvenility by stating that if the juvenility is not able to be determined, a reduction of 1 year can be given.

What is the Bone Ossification Test?

• Bone ossification, or osteogenesis, is the process of bone formation. Bone age is calculated through ossification tests, which are guesswork based on the fusion of joints in the human body between birth and twenty – five years of age, although this varies slightly based on the individual.
• Bone ossification test is conducted in order to find the age of the accused or victim on the date of the incident in a particular case. This test becomes pertinent in cases involving juveniles as special provisions have been created with respect to the children who are in conflict with law as well children who need protection and care [Juvenile Justice Act (Care and Protection of Children), 2015 ‘the JJ Act 2015’].
• Relevant Case: Vinod Katara v. State of UP (2022) - The bone ossification test is not an exact science that can provide us with the exact age of the person.