Delhi High Court Ruling: Margin of Error in Determining Age in POCSO Cases

The Delhi High Court has held that the upper age in bone age ossification tests, along with a two-year margin of error, should be considered when determining a victim's age in POCSO cases. The bench emphasized the presumption of innocence in the adversarial legal system, requiring substantial proof for conviction.

In a significant ruling, the Delhi High Court has clarified that in cases of sexual assault under the POCSO Act, the age of the victim determined through bone age ossification should include a two-year margin of error. This decision underscores the court's adherence to the presumption of innocence in India's adversarial legal system.

The bench comprising Justices Suresh Kumar Kait and Manoj Jain, in a judgement uploaded on Wednesday, highlighted that the 'upper age range' in such reports must be considered. The ruling comes in response to a trial court's reference in a POCSO case where the victim's age was assessed between 16 and 18 years.

The court noted the critical role of substantial evidence in criminal justice, emphasizing that any element of doubt should benefit the accused. This approach aligns with the broader legal principle that the burden of proof lies with the prosecution, reinforcing the protection of accused individuals' rights under Indian law.

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