By Tanvi Mehta.

In a recent ruling, the Allahabad High Court addressed significant issues surrounding the misuse of the Protection of Children from Sexual Offences (POCSO) Act and the importance of accurate age determination in such cases. The case involved Prakash Kumar Gupta, who was accused of enticing away a minor girl allegedly aged 13 years on March 16, 2023.

The court granted bail to the applicant after considering several crucial factors. A key element in the decision was the ossification test report, which indicated that the victim was actually about 19 years old, contrary to the initial claim of her being 13. This discrepancy highlighted the potential misuse of the POCSO Act, which is designed to protect minors under 18.

The Court expressed concern over the false representation of the victim’s age, which led to the applicant’s incarceration for over six months and emphasized that such misuse not only harms the accused but also undermines the credibility of the legal system and the POCSO Act itself. The judgment highlighted the principle of “bail as a rule and jail as an exception,” referencing recent Supreme Court decisions. It also addressed the broader issue of the unavailability of radiologists in many districts across Uttar Pradesh, which causes delays and hardships in medico-legal examinations.

In response to these systemic issues, the court directed the Chief Medical Officer of Varanasi, Additional Director of Health in Azamgarh, and the Director General of Medical and Health Services of Uttar Pradesh to appear in person and provide explanations for the lack of radiologists and the delays in conducting ossification tests.

[Case: Prakash Kumar Gupta vs. State of U.P & Ors., Citation: Criminal Misc. Bail Application no. 19345 of 2024.]

Click here to read/download the judgement