Marksheet Sufficient to Prove Age of Rape Survivor, Ossification Test Not Mandatory: MP High Court

Jabalpur: In a significant ruling under the Protection of Children from Sexual Offences (POCSO) Act, the Madhya Pradesh High Court has held that if reliable documentary evidence is available to establish the age of a rape survivor, there is no need to conduct an ossification test to determine her age.

A Division Bench comprising Justice Vivek Agrawal and Justice Ratnesh Chandra Singh Bisen dismissed an appeal filed by a convict who had been found guilty of raping a minor girl and sentenced to 20 years of rigorous imprisonment under the Indian Penal Code (IPC) and the POCSO Act.

Defence Plea Rejected

The defence argued that the prosecution’s case was weakened because a doctor had advised a bone age test, but the investigating agency failed to conduct it. The convict claimed that the absence of the ossification test raised doubts about the victim’s actual age.

However, the High Court rejected the argument, observing that medical age determination tests are not compulsory in every case.

Documentary Proof Holds Higher Value

The court referred to a Supreme Court judgment, stating that documents such as a school birth certificate, matriculation certificate, or birth certificate issued by a municipal body or panchayat are sufficient to establish age if they are found to be authentic and trustworthy.

The bench clarified that ossification tests become necessary only when documentary records regarding the victim’s age are not available.

Victim’s Age Established Through Records and Testimony

In this particular case, the victim’s age was confirmed through the testimonies of her parents and the school headmaster. The court also relied on entries recorded in the school’s scholar register, which supported the prosecution’s claim.

The High Court upheld the trial court’s conclusion that at the time of the incident in June 2019, the victim was below 18 years of age — specifically 12 years, 11 months and 21 days old.

No Impact on Prosecution Case

The bench ruled that the absence of an ossification test did not affect the strength of the prosecution’s case. Finding no legal error in the conviction or the sentence, the court dismissed the appeal and maintained the punishment awarded to the accused.