Delhi HC relied on Aadhaar card to find out girl's age, accused acquitted in sexual assault case

Delhi HC relied on Aadhaar card to find out girl's age, accused acquitted in sexual assault case

Recently, Delhi High Court upheld the lower court's decision to acquit the accused in the kidnapping and sexual assault case. A bench of Justice Sudhir Kumar Jain relied on the girl's Aadhaar card to ascertain her age, according to which she was a major at the time of the crime.

The court said the trial court's July 2016 order correctly stated that the girl's date of birth in the school records was not based on the birth certificate issued by the municipal corporation or any other statutory authority.

The court said that the girl's Aadhar card shows that she was born on January 1, 1994. The court also said that bone preservation examination of the girl was not conducted to determine her approximate age.

Along with this, the court said that there is no need for any interference in the order of the lower court acquitting the person under the Protection of Children from Sexual Offenses (POCSO) Act.According to the petition, the girl's mother had complained about her daughter's disappearance. In her statement before the magistrate, the girl said that she had gone with the man of her own free will and after marrying him, they had physical relations.


According to the petition, the girl's mother had complained about her daughter's disappearance. In her statement before the magistrate, the girl said that she had gone with the man of her own free will and after marrying hShe said that her year of birth was 1994 and she was around 21 years old then. The prosecution had challenged the decision to acquit the man, saying that documents collected during the investigation from the school concerned showed that the girl was a minor at the time of the crime.

At the same time, the man's lawyer argued that the lower court had rightly relied on the Aadhaar card and accordingly the girl was an adult.

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