NEW DELHI: The Delhi High Court has held that a ‘janam-patri’ (horoscope) and a vaccination card cannot be treated as valid proof of age in prosecutions under the Protection of Children from Sexual Offences (POCSO) Act.
A bench comprising Justices Navin Chawla and Ravinder Dudeja made the observation while upholding the acquittal of a man accused under the POCSO Act of kidnapping and raping a 16-year-old girl. The court noted that determining the victim’s age is the “prime question” in such cases. However, in this instance, the girl’s parents were unable to state her exact date of birth or produce an original birth certificate.
During his testimony, the girl’s father stated that his wife had used their daughter’s horoscope—prepared at the time of her birth—for school admission. In its March 25 order, the bench said that “admittedly, janam patri (horoscope) cannot be considered as proof of date of birth.
Therefore, the age recorded in the school record based on the horoscope cannot also be considered as proof of age.” The court further ruled that the date of birth mentioned in the ‘Jachcha Bachcha Raksha Card or vaccination card could not be treated as legitimate proof either.
In the absence of reliable documentary evidence, the bench concluded that the prosecution failed to establish that the girl was a minor at the time of the alleged incident. As a result, the provisions of the POCSO Act were held to be inapplicable.
The high court also observed that the girl’s testimony did not inspire confidence or meet the standard of “sterling quality,” noting that it contained material contradictions, improvements and inconsistencies. Her account of the circumstances in which she left home, her prior contact with the accused, and the events constituting the alleged offence was found to be inconsistent.
The case dates back to January 2013, when the police registered an FIR alleging kidnapping and rape of the girl.
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