[POCSO Act] Mere Non-Eruption Of Wisdom Teeth Not Conclusive Proof Of A Person's Minority: Bombay High Court
1 year, 8 months ago

[POCSO Act] Mere Non-Eruption Of Wisdom Teeth Not Conclusive Proof Of A Person's Minority: Bombay High Court

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The Bombay High Court recently held that the mere non-eruption of wisdom teeth of a person is not sufficient to prove that the person is a minor, while acquitting a man convicted under the Protection of Children from Sexual Offences Act, 2012. The court referred to Modi's Medical Jurisprudence which states that all permanent teeth erupt by the age of puberty except the third molars i.e., wisdom teeth which erupt between 17 to 25 years. The court noted that the complainant’s date of birth was recorded in the School Register on the basis of the School Leaving Certificate issued by a previous school. Considering the margin of error in age even as one year, the complainant would be 18 years old and would not be a child under section 2 of the POCSO Act, the court held.

School Court Prosecution Age Birth Child Wisdom Complainant Person Teeth Her Date Prove 18 Years Mere Non Wisdom Teeth Wisdom Tooth  wisdom  mere  noneruption  complainant  teeth  prosecution  school  birth  minority  persons  court  high  person  prove  child  pocso  age  proof

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