POCSO – Delhi High Court Rejects Horoscope as Valid Age Proof
POCSO – The Delhi High Court has clarified that documents such as a horoscope and vaccination records cannot be accepted as reliable proof of age in cases registered under the Protection of Children from Sexual Offences (POCSO) Act. The ruling came while the court upheld the acquittal of a man who had been accused of abducting and sexually assaulting a minor girl.
Court stresses importance of verified age documentation
A division bench comprising Justice Navin Chawla and Justice Ravinder Dudeja highlighted that establishing the age of the alleged victim is a fundamental requirement in POCSO cases. The court noted that in the present matter, the prosecution failed to present credible documentary evidence confirming that the girl was under 18 at the time of the incident.
During the proceedings, it emerged that the girl’s parents were unable to provide an official birth certificate or confirm her exact date of birth. The father testified that the child’s school admission was based on details from a horoscope prepared at the time of her birth.
Horoscope and school records deemed insufficient
In its order dated March 25, the bench categorically stated that a ‘janam-patri’ cannot be treated as valid proof of age. It further explained that any school records derived from such a document also lose evidentiary value. The judges observed that relying on such informal sources does not meet the legal standard required in criminal cases.
Similarly, the court rejected the use of the ‘Jachcha Bachcha Raksha Card’, commonly used for vaccination records, as a valid document for determining age. The bench stated that such records do not carry the authenticity required for judicial proceedings.
Prosecution fails to establish minor status
Given the absence of reliable documents, the court concluded that the prosecution could not prove that the girl was a minor. As a result, the provisions of the POCSO Act were deemed inapplicable in this case, leading to the dismissal of charges under the law.
The court also examined the testimony of the girl and found it lacking in consistency and reliability. It pointed out several contradictions and changes in her statements, particularly regarding how she left her home, her previous interactions with the accused, and the sequence of events related to the alleged offence.
Testimony found inconsistent
The judges remarked that the testimony did not meet the standard of credibility required in such serious cases. They noted that the inconsistencies weakened the prosecution’s case significantly, making it difficult to rely solely on oral evidence without supporting documentation.
The case dates back to January 2013, when a First Information Report (FIR) was registered alleging kidnapping and rape.
Court denies bail in major fraud case
In a separate matter, the Delhi High Court refused to grant anticipatory bail to an individual accused of involvement in a Rs 12 crore fraud linked to the sale of a fake luxury apartment in Gurugram. The court observed that the accused appeared to be a key conspirator and cited concerns including possible tampering with evidence and lack of cooperation during the investigation.
Relief granted to foreign national in rape case
The court also set aside an earlier order declaring an Australian citizen a proclaimed offender in a rape case. It noted that the individual had cooperated with the investigation process. The Look Out Circular issued against him was quashed due to procedural lapses, including failure to provide proper notice. The court directed him to appear before the trial court within four weeks.
Strict stance on violent offences
In another ruling, the High Court denied anticipatory bail to a man accused of a violent daytime attack involving a knife and firearm. The bench observed that granting bail in such serious cases could send a negative message and undermine public confidence in the legal system. It also noted that the investigation was still ongoing and at a critical stage.