There was no ossification test conducted in this case, however, this question would come when the girl is on the border line. When there is still margin of four years, it cannot be said that the girl was not a "child" as defined under Section 2(d)of the POCSO Act. The father of the victim who has the knowledge of the date of birth of the daughter, his testimony would be also important in that respect and, therefore, in this case the prosecution had proved that the victim was a child.
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
Criminal Appeal No. 718 of 2016
Decided On: 03.10.2023
Sunil Vs. The State of Maharashtra
Hon'ble Judges/Coram:
Vibha Kankanwadi and Abhay S. Waghwase, JJ.
Author: Vibha Kankanwadi, J.
Citation: MANU/MH/3996/2023.
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