Source: Allahabad High Court

Why in News?

Recently, the Allahabad High Court in the matter of Aman @ Vansh v. State of UP & Ors., has held that by falsely depicting the victim as a minor the accused persons are wrongly implicated under the stringent regime of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

• In relation to the medical report, the High Court also issued directions for police authorities/investigation officers.

What was the Background of Aman @ Vansh v. State of UP & Ors. Case?

• In this case, the applicant filed a bail application before the High Court of Allahabad.
• The applicant was in jail since 05^th December 2023 for the offences punishable under the provisions of the Indian Penal Code, 1860 (IPC) and POCSO.
• The learned counsel on behalf of the applicant stated that the victim was wrongly shown as a minor of 16 years in the FIR only to falsely implicate the applicant under the stringent provisions of the POCSO Act and cause his imprisonment.
• The Court noted that in the instant case, the medical examination to determine the victim's age was not conducted at the time of the applicant's arrest. Instead, the report was prepared later, revealing the victim's age to be 17 years old.
• The High Court granted bail to the accused.

What were the Court’s Observations?

• Justice Ajay Bhanot observed that by falsely depicting the victim as a minor the accused persons are wrongly implicated under the stringent regime of the POCSO only to cause their indefinite imprisonment.
• It was also stated that despite the statutory mandate the medical report to determine the victim's age is not drawn up and made part of investigations in a majority of cases. Absence of medical report determining the age of a victim came in the way of the Court dispensing equal justice. In these cases, this Court has developed a practice to call for such reports.

What were the Directions Issued by the Court?

• Medical Report determining the age of a POCSO Act offence is an imperative requirement of law and an absolute necessity of justice. So, the following directions are issued by the Court:
  • The police authorities/investigation officers shall ensure that in every POCSO offence a medical report determining the victim’s age shall be drawn up at the outset under Section 164A of the Criminal Procedure Code, 1973 (CrPC) read with Section 27 of the POCSO. The report may be dispensed with if medical opinion advises against it in the interests of the victim’s health.
• The medical report determining the age of the victim shall be created as per established procedure of law and in adherence to latest scientific parameters and medical protocol.
• The medical report determining the age of the victim shall be submitted under Section 164A of CrPC to the Court without delay.
• The Director General (Health), Government of Uttar Pradesh, Lucknow shall also ensure that the doctors who comprise the Medical Board are duly trained and follow the established medical protocol and scientific parameters for determining the age of the victims in such cases. Constant research shall be done in this field to keep the reports in line with the latest scientific developments.

What are the Relevant Provisions Involved in it?

Section 164A of CrPC

• This Section medical examination of the victim of rape. It states that-

(1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.

(2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely: —

(i) The name and address of the woman and of the person by whom she was brought.

(ii) The age of the woman.

(iii) The description of material taken from the person of the woman for DNA profiling.

(iv) Marks of injury, if any, on the person of the woman.

(v) General mental condition of the woman.

(vi) Other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained.

(5) The exact time of commencement and completion of the examination shall also be noted in the report.

(6) The registered medical practitioner shall, without delay forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section.

(7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf.

Explanation. —For the purposes of this section, “examination” and “registered medical practitioner” shall have the same meanings as in section 53.

Section 27 of the POCSO

• This Section deals with the medical examination of a child. It states that—

(1) The medical examination of a child in respect of whom any offence has been committed under this Act, shall, notwithstanding that a First Information Report or complaint has not been registered for the offences under this Act, be conducted in accordance with section 164A of the CrPC.

(2) In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.

(3) The medical examination shall be conducted in the presence of the parent of the child or any other person in whom the child reposes trust or confidence.

(4) Where, in case the parent of the child or other person referred to in sub-section (3) cannot be present, for any reason, during the medical examination of the child, the medical examination shall be conducted in the presence of a woman nominated by the head of the medical institution.