The Allahabad High Court has said in an order that medical evidence will take precedence over documentary evidence in case of dispute over age determination. Judge Arvind Kumar passed the order in a dispute over the age of the mixed victim. Citing CJM Gazipur’s decision to give priority to medical evidence, the court dismissed the observation application.
The victim’s father challenged the CJM order of January 6, 2020 by filing a monitoring application. It was alleged that the High Court in the case also directed to fix the age after hearing the victim’s parents on the basis of the application but the CJM unilaterally ordered not to hear them when they gave the victim’s birth certificate in Junior High School Marksheet through which his date of birth was recorded on January 25. Was submitted. Police have also filed chargesheets against the accused under the Pakso Act. Accordingly, the victim should be treated as a minor.
The public prosecutor stated that the date of birth presented to CJM in the Junior High School marksheet was January 24, 2001. The CJM formed the basis of the Medical Board’s report, which estimated the victim’s age at 18 to 19 years. According to the petitioner, the medical report is six months old. The event is June 1, 2019. The court said that two marksheets have been submitted in this case. Both have different dates of birth. In such cases only the report of the medical board will be valid. Even though the report is six months old, the report says that the victim is between 18 and 19 years old. Accordingly, the victim was not less than 18 years of age at the time of the incident. The CJM made the mistake of not listening to the parents ’favor, but this court gave the parents a full opportunity to be heard.