Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 363, 363A,366 -- Habeas corpus - Petitioner aged about 18 years on the basis of ossification test - She herself walked out of her parent's house - Got married to accused and started living with him as her wife - No indication of her being taken away or enticing from lawful custody - Facts itself..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 49, 7A, Evidence Act, 1872, Section 45 -- Medical evidence - Juvenile Justice (Care and Protection of Children) Rules 2007, R. 12, - Determination of age - Relevancy and Evidentiary value - Doctor's estimation of age is not a sturdy substance of proof - It is only an opinion based on scientific medical..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping - Rape - Age of victim - Determination - Doctor categorically stated age of prosecutrix as 17 years - Inspite of her advice, ossification test of prosecutrix was not carried out - Held, lack of ossification test report age of prosecutrix stated by doctor should be treated to be her approximate age - Held, in absence..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 49 -- Juvenile - Age - Determination - Offence committed on 06.12.2010 - School record mentioned date of birth of accused as 05.02.1994 - Ossification test report showed age above 18 years but below 20 years - Held, where assessment of age was not possible Court or Board for reasons to be recorded,..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of prosecutrix - School leaving certificate showed age of prosecutrix 14 years at the time of incident - Teacher of Govt. school where prosecutrix studies examined as prosecution witness - Report of Radiologist who conducted ossification test opined age to be between 14-1/2 and 17 years - Held, it..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of prosecutrix studying in 7th class - Age of prosecutrix by ossification test opined between 14-16 years - Father of prosecutrix did not depose exact date or month of birth - School records got produced was from school where prosecutrix was got admitted in sixth class - Date of birth was found not..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Accused committed rape on victim by force when she had gone to ease herself - Accused allegedly took her away to different places and continued to rape her - Ossification test opined her age as 16 years and thus her age safely can be taken as 18 years keeping in view the variation of two years on..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Accused sentenced to 7 years R.I. - Prosecutrix already married at the time of alleged incident - No documentary evidence available on record qua rape - No ossification test of prosecutrix conducted - Occurrence 12 years old - Accused sole bread earner of the family - Sentence reduced to already..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Determination of juvenility - Principal Magistrate held inquiry and found school leaving certificate as fake and forged - Magistrate relied on ossification test report and held accused was not juvenile - Held, order of Magistrate regarding juvenility, having attained finality, issue cannot be..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Question raised before committal proceedings - Age determined with reference to an ossification test as per which he was a major - Order not challenged and became final - Question as to juvenile cannot be raised de novo at appellate stage...........
