By Astha Bhumish Shah 

The Allahabad High Court directed the police and investigation authorities to ensure that the medical report determining the age of the victim is drawn up by the competent medical authority at the commencement of the investigations of POCSO Act offences in accordance with the provisions of the Section 164-A Cr.P.C. read with Section 27 of the POCSO Act. The question of law that arose for consideration in this case was the nature of the legal duty cast on the police to draw up a medical report determining the age of a victim while investigating POCSO Act offences. The Court observed that while hearing the bail application it has to accord fill weight to the medical age determination of the victim and also carefully examine all other documents relating to the victim’s age. Further, it has to determine the credibility of the respective age-related documents while deciding the bail application in the facts of the case. In appropriate facts and circumstances as in the instant case, the age determined by the competent medical authority under Section 164-A of Cr.P.C. read with Section 27 of the POCSO Act can prevail over other age-related documents (including school records). Additionally, the Court clarified that the age of the victim in bail cases arising out of POCSO Act offences should be determined by a composite reading of Section 94 of the Juvenile Justice (Care and Protection of Children) Act and Section 164-A of Cr.P.C., read with Section 27 of the POCSO Act. (Anurudh v. State of UP & 3 Ors – CRIMINAL MISC. BAIL APPLICATION No. 4880 of 2024) 

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