Page No. 1/4 GAHC010166622025 2025:GAU-AS:10110 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./287/2025 ABUL NASAR SON OF HUSSEN ALI, R/O VILLAGE AMLAKHI GAON, PO AMLAKHI, DHING, NAGAON, ASSAM, VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM 2:MUSSTT ROMISA KHATUN WIFE OF MOINUL HAQUE AMLAKHI GAON AMLAKHI DHING NAGAON ASSAM Advocate for the Petitioner : MR B PAUL, MS. T BURAGOHAIN,MS. S BORO,MR. D P BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 31.07.2025 Heard Mr. D.P. Borah, learned counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent, State of Assam. Page No. 2/4 2. The petitioner is standing a trial as the accused in the proceedings of Special [POCSO] Case no. 08/2025 before the Court of Special Judge, Nagaon [‘the Special Court’, for short]. The Special Court has already framed charges under Section 448 and Section 376, Indian Penal Code [IPC] read with Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012 against the petitioner-accused by an Order dated 23.05.2024. After the charges were framed, the same were read over and explained to the petitioner as the accused to which he pleaded not guilty and claimed to be tried. The case had, thereafter, proceeded to trial as the learned Special Court by the Order dated 23.05.2024 had also ordered issuance of summons to the informant and the victim fixing on 19.06.2025 for recording evidence. 3. It was a First Information Report [FIR] lodged by the mother of the alleged victim as the informant on 23.05.2024 before the Officer In-Charge, Batadrava Police Station. The Case, Batadrava Police Station Case no. 49/2024 was registered on 23.05.2024. In the course of the investigation ensued, the petitioner was arrested on 27.05.2024 and he was forwarded to the Court for production on the same date. On being produced, he was remanded for custody. 4. In the course of investigation, the alleged victim was medically examined at Maternity OPD of B.P. Civil Hospital, Nagaon on 23.05.2024. After medical examination, the concerned Medical Doctor [the Medical & Health Officer, B.P. Civil Hospital, Nagaon] had issued a Medical Examination Report recording the findings and the opinion therein. In the said Medical Examination Report, the Medical & Health Officer, B.P. Civil Hospital, Nagaon had recorded a findings to the effect that the radiological age of the alleged victim was between 16–18 years. In the course of investigation, Investigating Officer [I.O.] also seized a School Transfer Certificate issued in the name of the alleged victim by Headmaster, Amolkhi Bhetibari M.E.M. wherein her date of birth was recorded as 11.01.2008. As a Birth Certificate of the alleged victim could not be produced during the course of investigation before the I.O., other than the School Transfer Certificate, the I.O. sought for Ossification Test of the alleged victim for determination of her actual age. A Medical Board was thereafter, constituted and the alleged victim was examined by the Medical Board on 05.06.2024. In the findings recorded in the Page No. 3/4 Report submitted by the Medical Board, it was inter-alia stated that on the basis of the examinations, the Medical Board was of the opinion that the age of the alleged victim was between 18–19 years of age. 5. On the basis of the above materials, the petitioner has approached this Court seeking to invoke the revisional/inherent powers of this Court under Section 528, Section 438 and Section 442, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023. 6. The learned counsel for the petitioner has referred to Section 34[1] of the POCSO Act and Section 94 of the Juvenile Justice [Care and Protection of Children] Act, 2015. To buttress his submissions, it has been submitted that the Special Court at the time of framing of charge ought to have taken due consideration of the opinions rendered by the Medical Board. 7. As already noted above, the Medical Board constituted for the purpose of Ossification Test of the alleged victim, had rendered an opinion about the age of the alleged victim to be between 18–19 years of age. On the other hand, the School Transfer Certificate indicated that at the time of seeking transfer by the alleged victim, her date of birth was recorded as 11.01.2008. In the Medical Examination Report conducted by the Medical & Health Officer, B.P. Civil Hospital, Nagaon, it was opined that the age of the alleged victim was between 16– 18 years. 8. At the stage of framing of charges, the Special Court if upon consideration of the record of the case and the documents submitted therewith and after hearing the submissions of the accused and the prosecution in that behalf, considers that there is ground for presuming that the accused has committed an offence and he shall frame in writing a charge against the accused. 9. The evidentiary value of the documents, mentioned above, regarding the age of the alleged victim can be decided only during the course of the trial. The documents have not been exhibited before the learned Trial Court as on date, for this Court to treat the same as evidence. The definitions of ‘document’, ‘evidence’, ‘proved’, ‘not proved’ and ‘disproved’ have Page No. 4/4 been defined in Section 2 of the Bharatiya Sakshya Adhiniyam [BSA], 2023. It is only after appreciation of the evidence led during the course of the trial before the Special Court wherein the accused will have all the opportunity to rebut the charges and to disprove, would, after due appreciation of those, would make a determination as regards the age of the alleged victim. This Court in exercise of its inherent/revisional power cannot decide on the evidentiary value of the aforesaid documents for determination of the age of the alleged victim at this stage. 10. Being not merited, this criminal revision petition is not entertained as the petitioner during the course of ensuing trial can avail all the legal remedies to dispute the age of the alleged victim. No cost. JUDGE Comparing Assistant