Prosecution Must Establish Victim’s Minority Under JJ Act for POCSO: Patna High Court

The Patna High Court held that the determination of age in a POCSO prosecution must be based on reliable documentary evidence, including school admission records and birth certificates, rather than oral assertions or secondary age-estimation methods.

The Court heard a criminal appeal challenging a Trial Court order that had acquitted the accused of offences under the Indian Penal Code and the POCSO Act.

The Court ruled that documentary proof of the victim’s actual age constitutes the most dependable basis for assessing the minority at the time of the alleged offence. The Court reiterated that such records prevail when evaluating whether POCSO provisions are attracted.