Bombay High Court: Absence of Wisdom Tooth Not Conclusive Proof of Age Under POCSO Act

Bombay High Court: Absence of Wisdom Tooth Not Conclusive Proof of Age Under POCSO Act

In a significant ruling, the Bombay High Court held that the absence of a wisdom tooth cannot conclusively determine a person’s age under the Protection of Children from Sexual Offences (POCSO) Act.

Case Background

The case involved Maherban Hasan Babu Khan, who was convicted for rape and other charges under the POCSO Act. The victim alleged that Khan had sexual relations with her on the promise of marriage. She informed him about her pregnancy on March 25, 2016. Although he promised to return from Uttar Pradesh to marry her, he allegedly avoided her. Following this, the victim, claiming to be born on December 19, 2000, filed a criminal complaint, leading to Khan’s arrest.

Defense Argument

Khan claimed he intended to marry the victim and had attempted to trace her upon his return from Uttar Pradesh. He stated that he was willing to marry her and take responsibility for the child.

Court Observations

Justice Anuja Prabhudesai noted that the Raigad district court relied on a dentist’s testimony to determine the victim’s age. The dentist observed the absence of the wisdom tooth and estimated the victim’s age as 15 to 17 years. However, during cross-examination, the dentist admitted that wisdom teeth could erupt after 18 years, casting doubt on the age assessment.

Justice Prabhudesai also highlighted that the prosecution failed to present other crucial witnesses to verify the victim’s age. Due to insufficient evidence, the court could not conclusively determine that the victim was below 18 at the time of the incident.

Final Verdict

The court emphasized that since the relationship appeared consensual and the victim’s age was unproven, the provisions of the POCSO Act could not apply. As a result, the conviction was quashed, and Khan was acquitted.

Conclusion

This ruling underscores the importance of thorough and accurate age verification in legal cases. The absence of a wisdom tooth alone is not conclusive proof of age. The judgment sets a precedent for future cases requiring precise age determination under the POCSO Act.

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