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Rahul Mehrotra (Querist) 15 February 2016 This query is : Resolved
In a case(376ipc), where there is no documentry evidence of exact date of birth of victim & according to ossification test her age was about 14 years. How genuine this report can be said and should benifit of doubt can be given to the accused? (statement u/s 164 crpc is against accused) Secondly can spermatozoa be found after 5 days of incident? Plz. also cite any case law related to above quiry. Thanks.

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Devajyoti Barman (Expert) 16 February 2016
case laws are not provided here.

Guest (Expert) 16 February 2016
Test of age by ossification test or dental test is considered as the last remedy to determine age, where there is no documentary proof of age of a person. Moreover, except a birth certificate, if registered at the time of birth of a person, a documentary evidence can be also be wrong, if wrong date of birth is mentioned intentionally or even innocently on guess basis.

So, no benefit of doubt can be expected after ossification test.

Adv. Yogen Kakade (Expert) 16 February 2016
If no other documentary proof is available then the ossification test remains the only option to rely upon for the determination of the age.

Rajendra K Goyal (Expert) 16 February 2016
Agree with the expert P S Dhingra. Case law is not provided in this section.

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