Introduction:

In the case of Avinash Kumar Ranjan vs The State of Bihar , the Patna High Court made a crucial observation regarding the necessity of accurately ascertaining the age of victims in cases under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The division bench acquitted a young man accused of kidnapping and sexually assaulting a minor, highlighting the absence of conclusive evidence about the victim’s age. The Court stressed that reliance solely on medical opinion or self-assessment was inadequate in determining a person’s age, emphasizing the responsibility of Investigating Officers to verify a minor’s age through credible means.

Arguments of Both Sides:  

Representing the Appellant, Mr. Manendra Kumar Sinha, Mr. Rakesh Ranjan, and Mr. Navneet Kumar emphasized inconsistencies in determining the victim’s age. They argued that relying solely on medical examination or statements made during the legal proceedings was insufficient to establish the victim’s minority status, urging the court to consider the lack of concrete evidence regarding her age.

On the Respondent’s side, Mr. Abhimanyu Sharma, APP, defended the State’s case, emphasizing the victim’s initial statement of being 14 years old, along with medical examination results indicating an age range of 15 to 16 years. The State contended that this established the victim’s minority status during the alleged offenses.

Court’s Judgement:  

The Court scrutinized various statements and evidence related to the victim’s age, acknowledging discrepancies in estimations provided by family members, the victim herself, and medical examinations. Despite these inconsistencies, the Court concluded that the victim was under 16 years old, averaging the various age projections.

However, the Court noted that the victim’s statements were inconsistent from the outset. Initially denying any sexual relationship with the accused, she later attributed her pregnancy to their relationship. Her reluctance to disclose details and the lack of outcry during her stay with the accused raised doubts about the alleged kidnapping.

The Court observed that while medical examination revealed no signs of force or injury, the unexplained 13-week pregnancy remained a concern. Given the victim’s varying statements and lack of outcry during her alleged abduction, the Court found it challenging to establish the accused’s guilt under the POCSO Act.

Hence, the Court allowed the Appeal, acquitting the Accused.