Prosecution seeks ossification test of accused in rape case
The prosecution moved an application before the Thane Sessions Court seeking permission for Ossification test of an accused in a rape case
During final stages of the trial in the rape case of a six-year-old girl, the accused had claimed that he was a minor.
The victim was allegedly raped by the accused at Bhayander in Thane in November 2011.
The trial in the case began in February this year. The victim testified in the court and gave an account of how she was lured to a public toilet by the accused and raped.
On September 5, when the court was set to pronounce its judgment, the accused was asked if he wanted to say anything in his defense. The accused then claimed that he was a juvenile at the time of the crime.
The lawyers of the accused supported the arguments and presented his school leaving certificate which stated his date of birth as May 15, 1994, indicating that he was below 18 years at the time of the crime.
The age issue of the accused gave a new twist to the case as any person below 18 is treated as a juvenile and under the Juvenile Justice Law the maximum punishment is three years’ confinement at a reformatory home.
The mother of the accused could not give the exact birth date of her son. The court was given a certificate from a village sarpanch in Rajasthan which stated the accused’s birth date as May 1994.
Additional Public Prosecutor Hemlata Deshmukh in her application informed the court that the birth certificate is purportedly issued by a Sarpanch, it is suspicious and the age of the accused cannot be established just on the basis of the certificate and therefore the Ossification test was essential.
Prior to this, the judge wanted to know from the defense counsel if he wanted to argue the matter today itself or needed time, upon which the counsel sought time, which was granted.
Sessions Judge M C Khadke fixed the case for next hearing on November 22 and directed the investigating officer to be present in the court on that day.