TMI Blog2015 (1) TMI 1384X X X X Extracts X X X X X X X X Extracts X X X X ..... ustice (Care and Protection of Children) Act, 2000 - Held that: - Since the appellant did not have any documentary evidence like a school or other certificate referred to under the Act mentioned above, this Court had directed the Principal, Government Medical College, Jodhpur, to constitute a Board of Doctors for medical examination including radiological examination of the appellant to determine the age of the appellant as in April, 1998 when the offence in question was committed. The appellant is reported to be a deaf and dumb. He was never admitted to any school. There is, therefore, no officially maintained record regarding his date of birth. Determination of his age on the date of the commission of the offence is, therefore, possible only by reference to the medical opinion obtained from the duly constituted Medical Board in terms of Rule 12(3) (b) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 - The medical opinion given by the duly constituted Board comprising Professors of Anatomy, Radiodiagnosis and Forensic Medicine has determined his age to be "about" 33 years on the date of the examination. The Board has not been able to give the exact age of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A first Information Report was registered at Police Station Rani in the State of Rajasthan on 11th April, 1998, inter alia, stating that the complainant on 9th April, 1998 had organised a Jaagran (night long prayer meet) near a well belonging to one Magga Ram. The complainant and other relatives, in all around 50 persons assembled for the Jaagran that continued till late night. This included his seven year old daughter-Kamala who went to sleep along with other children close to the place where the Jaagran was held. When he returned to his house he noticed that Kamala was missing. Assuming that she may have gone away with one of the relatives, a search was made at their houses but Kamala remained untraceable. The search was then extended to neighbouring areas where the dead body of Kamala was discovered by Magga Ram (PW-5) and Pura Ram. On receipt of this information he and Naina Ram (PW-2) went to the place and found that baby Kamala had been raped and killed by crushing her head with a stone. The dead body of Kamala was, according to the report, lying on the spot. 3. A case under Sections 302 and 376 of the IPC was registered on the basis of the above information and inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is, in our opinion, no reason to disbelieve the version of these witnesses when they say that the Jaagran was held by the complainant in which Kamala his daughter was present and gone off to sleep nor is there any reason to disbelieve the story that even the appellant was present at the Jaagran and had tea with other witnesses around mid night. 7. That Kamala died a homicidal death was not seriously disputed either before the Courts below or before us and rightly so because the statement of doctor Omprakash Kuldeep (PW-18) who conducted the post-mortem and authored the report marked as Ex. P-34 has clearly opined that Kamala died a homicidal death on account of injury on her head. In the deposition, the doctor certified injuries even on her private parts. The post-mortem report certifies the following injuries on the person of the deceased: 1. Face crushed. 2. Upper lip wad cut. Bleeding was from right ear, dried seminal stains on right and left thigh. 3. Nose bone was depressed and fractured. 4. Fracture was on left orbital margin. 5. Fracture was in left temporal bone. 6. Fracture was in maxilla bone of left side. 7. Fracture in parietal bone and occi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cm. Lat. Aspect of (Rt.) side of Retracted prepuce. (x) Abrasion 0.25x0.25 cm. Dorsal Aspect of glans penis (xi) Abrasion 2x0.25 cm. Lat. Aspect of (Rt.0 Thigh (xii) Abrasion 2x0.25 cm. (Rt.) gluteal Region (xiii) Abrasion 2x1 cm. (Lt.) Palm Duration of all injuries i.e. S.No. i to xiii is 3-5 days. 10. No explanation was, however, offered by the appellant for the injuries sustained by him one of which was found even at his penis. To summarise, the prosecution has clearly established: (1) That a Jaagran was arranged by the complainant on the offside of village near the well in which nearly 50 people participated including Kamala the deceased child. (2) The deceased-Kamala had gone out to sleep after dinner around mid night. (3) The appellant was also participating in the Jaagran and was seen sitting along with some of the prosecution witnesses. (4) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant and submitted a report dated 4th February, 2014. The report records the following findings and conclusions: Age estimation of Darga ram @ Gunga s/o Heera on the basis of findings of X Ray of Elbow, Wrist, Pelvis, Sternum, Medial end of Clavicle, Skull and left shoulder joint (film no.10252 dated 04-02-2014, Eight Film and CT Scan of Skull and Mandible (film 56013, four films) dated 04-02-2014, is as below:- 1. All Epiphysis around elbow joint, lower end of Radius Ulna, Ilias Crest Ischial tuberosity for medial end of Clavicle have appeared 7 fused, it suggests that his age is above 22 years. 2. All the body pieces of sternum have fused with each other but not fused with Xiphoid process manubrium sternum, it suggests his age is above 25 years but below 40 years. 3. Posterior 1/3 of sagital suture have fused, it suggests his age is above 30 years below 40 years. 4. Ventral 7 Dorsal margins of pubic symphysis are completely defined 7 there are no granular appearance on it, it suggests his age is below 36 years. Opinion:- Concluding all the above radiological findings, dental Clinical appearance, the age of Darga Ram @ Gunga S/o Heera is in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (iii) of clause (a) above, the medical opinion will be sought from a duly constituted Medical Board, which will declare the age of the juvenile or child. In case exact assessment of the age cannot be done, the Court or the Board or, as the case may be, the Committee, for the reasons to be recorded by them, may, if considered necessary, give benefit to the child or juvenile by considering his/her age on lower side within the margin of one year. and, while passing orders in such case shall, after taking into consideration such evidence as may be available, or the medical opinion, as the case may be, record a finding in respect of his age and either of the evidence specified in any of the clauses (a)(i), (ii), (iii) or in the absence whereof, clause (b) shall be the conclusive proof of the age as regards such child or the juvenile in conflict with law 15. The medical opinion given by the duly constituted Board comprising Professors of Anatomy, Radiodiagnosis and Forensic Medicine has determined his age to be about 33 years on the date of the examination. The Board has not been able to give the exact age of the appellant on medical examination no matter advances made in that f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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