Ossification test proves minor status; uncle gets 10-year RI under POCSO

Thiruvananthapuram: An ossification test that established the age of a 14-year-old girl proved crucial in securing a conviction under the Protection of Children from Sexual Offences (POCSO) Act in Thiruvananthapuram. A special fast-track court has sentenced the girl's uncle to 10 years of rigorous imprisonment and imposed a fine of ₹1 lakh for repeatedly sexually assaulting her.

The accused, the husband of the girl's maternal aunt, lived in the same house as the survivor. The girl lived on the ground floor with her maternal grandfather, while the accused and his family occupied another floor.

The incident that led to the case occurred on June 12, 2024. The accused had gone to the ground floor to give breakfast and medicine to his father-in-law. While the girl was standing in the hall preparing to leave for school, he sexually assaulted her.

The girl told a friend about the assault that day. On her friend's advice, she later informed her mother and schoolteachers. The matter was subsequently reported to the Child Welfare Committee and the police.

The prosecution told the court that this was not the first time the girl had been assaulted. She had remained silent about the earlier incidents out of fear that speaking up would cause a dispute within the family.

Age became a crucial issue in the trial
The girl's age became a key issue during the trial because she had been adopted by her parents. As her guardians were unsure of her exact date of birth, the defence argued that she could have attained adulthood and, therefore, that the provisions of the POCSO Act would not apply.

The prosecution then sought an ossification test to scientifically determine her age. The medical examination established that the girl was a minor, supporting the prosecution's case under POCSO.

Based on the evidence presented, the court convicted the accused and sentenced him to 10 years of rigorous imprisonment. He was also fined ₹1 lakh. If he fails to pay the fine, he will have to undergo an additional two years of imprisonment.

The court directed that the fine amount be handed over to the child and also ordered the government to provide her compensation. Special Public Prosecutors Adv RS Vijay Mohan and Adv Surabhi P appeared for the prosecution. Karamana police investigated the case through Sub-Inspectors Sreejith VS and Vipin RS

The prosecution examined 18 witnesses and produced 26 documents and one material object before the court.