Pocso court fixes age as per school record, not medical reports
The court cited the Supreme Court's judgment in the Mahadev Vs State of Maharashtra (2013) case and said the medical report for determining the age was considered only when educational documents of the survivor were not available. In this case, the court admitted the TC (transfer certificate) of a govt primary school while rejecting the bone density test of the girl.
The girl was kidnapped from Lakhimpur Kheri in March 2011 by a car driver and kept confined in a house in Lucknow for nearly two months and forced her to have physical relationship with him.
After the girl was rescued by police, she said in her statement that she was repeatedly raped by the accused at gunpoint and was forced to marry him at a temple.
ADGC Sanjay Singh said, "The minor girl's father had lodged a police complaint at Isanagar police station after she went missing. After she was recovered, the accused was booked under IPC sections 376 (rape), 363 (abduction), and 366 (abduction of a woman to compel her marriage)."
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"The accused claimed not guilty and said the girl eloped with him willingly, but the girl stated she was confined in a house and raped on multiple occasions. The medical report also confirmed sexual assault. The incident was reported before the Pocso Act was enacted," said the ADGC. While passing the order on Tuesday, the court also imposed a fine of Rs 16,000 on the convict, of which Rs 10,000 will be awarded to survivor as compensation.
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